Insights Articles

We were thrilled to officially launch Array Canada in Toronto, where we hosted an intimate reception with our clients and colleagues. A highlight of the evening was a fireside chat with the esteemed legal scholar and eDiscovery expert, Dr. Maura Grossman, J.D., Ph.D. A Research Professor both at Osgoode Hall Law School of York University and the Georgetown University Law Center, Maura is a well-known and influential eDiscovery expert whose scholarly work on TAR has been widely cited in case law.

Our discussion focused on the emerging role of Generative AI (Gen AI) in the legal profession, especially its implications for eDiscovery. Here are some key insights from our conversation:

Key Discussion Points

• TAR vs. Gen AI: Understanding the Difference
  Technology Assisted Review (TAR) is a classification tool that helps organize data, whereas Generative AI creates new content based on its underlying large language model (LLM). These technologies have distinct processes resulting in different outcomes.
• Judicial Skepticism Toward Gen AI
  While TAR is widely accepted in eDiscovery, Gen AI’s role in the legal sector remains uncertain. A notable case, Washington v. Puloka (2024), marked the first US judicial decision involving AI, excluding an AI-enhanced video as evidence. This highlights the current skepticism around AI applications in courtrooms.
• Concerns Over Hallucinations and Deep Fakes
  Legal professionals are wary of Gen AI’s potential for creating misinformation, whether through "hallucinations" (where the technology independently creates text and images that sound and look plausible but have no basis in fact) or deep fakes (fabricated audio, video, or images created using Gen AI technology). These issues heighten scrutiny within the industry.
• Low-Risk, High-Value Applications
  Despite concerns, Gen AI is being used effectively in ways that are “low risk, high value,” such as trial prep and examination training. Its potential shines in scenarios with a "closed universe" of material from which the Gen AI can draw upon, such as summarizing trial briefs or analyzing witness statements.
• Gen AI in eDiscovery: New and Untested
  Within eDiscovery, the application of Gen AI technology is extremely new and is largely untested or understood. Slight nuances in prompt language can result in huge variations of results. Notably, this is similar to the long-standing use of Search Terms to refine eDiscovery productions such that slight variations (e.g. John w2 Doe vs. John Doe) yield very different results/ aka “hits.”

Key Takeaways

• Stay Curious, But Cautious
  Dive into learning about Gen AI and its applications. Begin with low-risk use cases, such as summarizing already classified “key documents” or identifying discrete issues within a subset of documents.
• Validation is Critical
  As with the application of TAR and other advanced technologies in eDiscovery, validation of results is key. No, lawyers will not be replaced by document review robots. Validation of results requires expert human intervention and manipulation.
• A New Tool in the Toolbox.
  Currently, the Gen AI tools out in the eDiscovery market will likely be too cost-prohibitive to be used as a TAR replacement, especially on voluminous datasets. So instead of conceiving of Gen AI and the be-all and end-all “easy button” of the future, consider it another tool in your eDiscovery toolbox. Layer it on with TAR and other available tools to create a custom, cost-effective workflow to meet your specific needs.

Looking Ahead

Array Canada’s launch represents an exciting new chapter for us as we continue to innovate and bring cutting-edge solutions to the Canadian legal market. Dr. Grossman’s insights remind us that emerging technologies like Gen AI hold great promise when applied thoughtfully, responsibly, and appropriately.
Thank you to everyone who made this milestone celebration unforgettable. Stay connected for more exciting updates from Array Canada!

Jessica Lockett, Director of Growth

Jessica Lockett, recognized as a Lexology Index (formerly Who’s Who Legal) top Recommended eDiscovery Practitioner in Canada, leads client partnerships and drives service innovation at Array Canada. Specializing in data-driven legal discovery solutions, Jessica spearheaded the development of Array Canada’s Intelligent Review service offering. As a skilled lawyer, she blends technical expertise with a deep understanding of client needs, delivering responsive, creative, and trusted solutions to elevate the legal discovery process.