How AI and Machine Learning Are Impacting the Litigation Landscape – Cornerstone Research
Mike DeCesaris and Sachin Sancheti detail how expert witnesses are incorporating artificial intelligence and machine learning into their testimony in a variety of civil cases.
Artificial intelligence has long been present in our everyday activities, from a simple Google search to keeping your car centered in its lane on the highway. The public unveiling of ChatGPT in late 2022, however, brought the power of AI closer to home, making it accessible to anyone with a web browser. And in the legal industry, we are seeing the use of AI and machine learning ramp up in litigation, especially when it comes to expert witness preparation and testimony.
The support of expert witnesses has always required leading-edge analytical tools and data science techniques, and AI and machine learning are increasingly important tools in experts arsenals. The concept of technology being able to think and make decisions, accomplishing tasks more quickly and with better results than humans, conjures thoughts of a Jetsons-like world run by robots. However, unlike the old Jetsons cartoons of the 1960s, where flying cars were the de facto mode of transport and robot attendants addressed every need, the futuristic ideas around the impact of AI were not that far off from a rapidly approaching reality. In fact, as older, rules-based AI has evolved into machine learning (ML) where computers are programmed to accurately predict outcomes by learning from patterns found in massive data sets, the legal industry has found that AI can do far more than many imagined.
In the world of litigation, the power of AI and ML have been understood for years by law firms and economic and financial consulting firms. AI is ideally suited to support, qualify, and substantiate expert work in litigation matters, which formerly relied on a heavily manual process to improve the efficiency or quality of the data presented in testimony. Moreover, over the last several years, AI and ML have been used directly in expert testimony by both plaintiff and defense side experts.
Somewhat ironically, humans are at least partially responsible for driving the increased use of AI and ML in expert work as we produce ever-growing volumes of user-generated content. Consumer reviews and social media posts, for example, are becoming increasingly relevant in regulatory and litigation matters, including consumer fraud and product liability cases. The volume of this content can be overwhelming, so one familiar approach involves leveraging keywords to identify a more manageable subset of data for review. This is limiting, however, as it often produces results that are irrelevant to the case while omitting relevant results containing novel language. By contrast, ML-based approaches can consider the entire text, using context and syntax to identify the linguistic elements that most accurately indicate relevance.
To see this approach in action, consider litigation involving alleged marketing misrepresentations or defamatory statements, which require an examination of the at-issue content. The most robust analyses are systematic and objective, making them ideal for outsourcing to the noncontroversial training data and impartial models that are hallmarks of state-of-the-art AI and ML approaches.
AI and ML have also proven to be valuable tools for experts across a broad spectrum of consumer fraud and product liability matters. While some scenarios may be obvious, humans possess the creativity to adapt a solution to other use cases. Here, these novel uses include:
Domain-specific sentiment analysis Publicly available sentiment models perform well on many problems but often fail on tasks that feature domain-specific linguistic structures. Such failure might arise when tasked with measuring the sentiment surrounding an entity in an industry whose discussion features novel or counterintuitive language. Consider a defamation suit filed by a fitness influencer. Terms like confusion, resistance, and to failure generally have negative connotations, but in the fitness space, are often used to describe a successful workout. Likewise, slang terms like guns and shredded mean something entirely different in the fitness context than in conventional use. In these cases, a general-purpose sentiment model may mischaracterize or overlook such language, while training a domain-specific sentiment model will provide a more accurate assessment of the sentiment contained in allegedly defamatory statements. This training process could involve gathering hundreds of thousands of user-generated reviews for industry products, and then directing a context-aware language model to predict the review score from the text. This custom model will quantify the polarity of the discussion surrounding the influencer, which can then be tracked through time and around certain critical events.
Assessing marketing influence on social media To assess allegations that a company steered an online discussion through social media marketing, AI and ML can compare the companys posts to those generated by unaffiliated users (earned media). This can be done using language models and text similarity metrics that quantitatively and objectively assess whether earned media immediately following the companys posts were more like the companys posts than either earned media preceding the posts or selected at random.
Image object detection To assess the incidences of client logos and products appearing across images posted to social media, a custom object detection model can be trained and applied to a random sample of millions of social media images.
Public press topic modeling To quantify the extent and timing of the public awareness of a marketing claim at issue, AI and ML can be applied to articles published in media outlets. This approach helps isolate the at-issue topic from other closely related but distinct topics. Such distinctions can then facilitate an analysis that is more narrowly focused on the claim at hand.
Multimedia characterization Where there are allegations of product misrepresentation or improper marketing, AI and ML can characterize the nature of a companys social media presence. A model trained on text and image content from unaffiliated but topically relevant brands can learn to distinguish content along the lines of broad brand identities (e.g., healthy vs. unhealthy, eco-friendly vs. climate-damaging). Applying such a model to at-issue social media content can quantify whether it conveys each of these brand features.
The nature of allegedly defamatory statements Even in the presence of clearly negative statements, defamation is notoriously difficult to prove. Defendants may claim that statements were expressed not as fact but as opinion, possibility, entertainment or satire. By leveraging datasets and models that identify the degree of certainty present in natural language examples, experts can objectively measure the degree to which reasonable consumers may interpret the information as fact.
Product liability One growing area of research concerns the quantification and isolation of specific entities referenced in a broader text. Product liability cases, for instance, may examine user-generated product reviews to identify the importance and sentiment surrounding at-issue product features. Rather than assess the review as a whole, aspect-based sentiment analysis focuses on at-issue features only, allowing for the extraction of strong indicators from nuanced or mixed reviews.
Class certification A successful class certification challenge will demonstrate that the circumstances of putative class members were sufficiently varied to require individual treatment. Any of the methods discussed above can be taken together to quantify the heterogeneity of the at-issue materials. For example, a case concerning marketing misrepresentations may train a classifier to distinguish at-issue marketing content from content not at issue, model the topics targeted throughout multiple distinct marketing campaigns, and summarize images to demonstrate differing appeal to different consumers.
For centuries, the ability of humans to mold available resources to serve their needs has separated them from less-evolved species. We see it in all walks of life, and the above examples demonstrate it in our small corner of the world. And we will continue to see it as the availability of voluminous social media and other user-generated data continues to expand and become more complex. In its simplest terms, AI and ML are critical in helping us efficiently search through the haystack to find the needle. Those who try to find the needle by hand will inevitably be left behind.
This article was originally published byLaw.com in March 2023.
The views expressed herein do not necessarily represent the views of Cornerstone Research.
Originally posted here:
How AI and Machine Learning Are Impacting the Litigation Landscape - Cornerstone Research
- Apple Makes One Of Its Largest Ever Acquisitions, Buys The Israeli Machine Learning Firm, Q.ai - Wccftech - February 1st, 2026 [February 1st, 2026]
- Keysights Machine Learning Toolkit to Speed Device Modeling and PDK Dev - All About Circuits - February 1st, 2026 [February 1st, 2026]
- University of Missouri Study: AI/Machine Learning Improves Cardiac Risk Prediction Accuracy - Quantum Zeitgeist - February 1st, 2026 [February 1st, 2026]
- How AI and Machine Learning Are Transforming Mobile Banking Apps - vocal.media - February 1st, 2026 [February 1st, 2026]
- Machine Learning in Production? What This Really Means - Towards Data Science - January 28th, 2026 [January 28th, 2026]
- Best Machine Learning Stocks of 2026 and How to Invest in Them - The Motley Fool - January 28th, 2026 [January 28th, 2026]
- Machine learning-based prediction of mortality risk from air pollution-induced acute coronary syndrome in the Western Pacific region - Nature - January 28th, 2026 [January 28th, 2026]
- Machine Learning Predicts the Strength of Carbonated Recycled Concrete - AZoBuild - January 28th, 2026 [January 28th, 2026]
- Vertiv Next Predict is a new AI-powered, managed service that combines field expertise and advanced machine learning algorithms to anticipate issues... - January 28th, 2026 [January 28th, 2026]
- Machine Learning in Network Security: The 2026 Firewall Shift - openPR.com - January 28th, 2026 [January 28th, 2026]
- Why IBMs New Machine-Learning Model Is a Big Deal for Next-Generation Chips - TipRanks - January 24th, 2026 [January 24th, 2026]
- A no-compromise amplifier solution: Synergy teams up with Wampler and Friedman to launch its machine-learning power amp and promises to change the... - January 24th, 2026 [January 24th, 2026]
- Our amplifier learns your cabinets impedance through controlled sweeps and continues to monitor it in real-time: Synergys Power Amp Machine-Learning... - January 24th, 2026 [January 24th, 2026]
- Machine Learning Studied to Predict Response to Advanced Overactive Bladder Therapies - Sandip Vasavada - UroToday - January 24th, 2026 [January 24th, 2026]
- Blending Education, Machine Learning to Detect IV Fluid Contaminated CBCs, With Carly Maucione, MD - HCPLive - January 24th, 2026 [January 24th, 2026]
- Why its critical to move beyond overly aggregated machine-learning metrics - MIT News - January 24th, 2026 [January 24th, 2026]
- Machine Learning Lends a Helping Hand to Prosthetics - AIP Publishing LLC - January 24th, 2026 [January 24th, 2026]
- Hassan Taher Explains the Fundamentals of Machine Learning and Its Relationship to AI - mitechnews.com - January 24th, 2026 [January 24th, 2026]
- Keysight targets faster PDK development with machine learning toolkit - eeNews Europe - January 24th, 2026 [January 24th, 2026]
- Training and external validation of machine learning supervised prognostic models of upper tract urothelial cancer (UTUC) after nephroureterectomy -... - January 24th, 2026 [January 24th, 2026]
- Age matters: a narrative review and machine learning analysis on shared and separate multidimensional risk domains for early and late onset suicidal... - January 24th, 2026 [January 24th, 2026]
- Uncovering Hidden IV Fluid Contamination Through Machine Learning, With Carly Maucione, MD - HCPLive - January 24th, 2026 [January 24th, 2026]
- Machine learning identifies factors that may determine the age of onset of Huntington's disease - Medical Xpress - January 24th, 2026 [January 24th, 2026]
- AI and Machine Learning - WEF expands Fourth Industrial Revolution Network - Smart Cities World - January 24th, 2026 [January 24th, 2026]
- Machine-learning analysis reclassifies armed conflicts into three new archetypes - The Brighter Side of News - January 24th, 2026 [January 24th, 2026]
- Machine learning and AI the future of drought monitoring in Canada - sasktoday.ca - January 24th, 2026 [January 24th, 2026]
- Machine learning revolutionises the development of nanocomposite membranes for CO capture - European Coatings - January 24th, 2026 [January 24th, 2026]
- AI and Machine Learning - Leading data infrastructure is helping power better lives in Sunderland - Smart Cities World - January 24th, 2026 [January 24th, 2026]
- How banks are responsibly embedding machine learning and GenAI into AML surveillance - Compliance Week - January 20th, 2026 [January 20th, 2026]
- Enhancing Teaching and Learning of Vocational Skills through Machine Learning and Cognitive Training (MCT) - Amrita Vishwa Vidyapeetham - January 20th, 2026 [January 20th, 2026]
- New Research in Annals of Oncology Shows Machine Learning Revelation of Global Cancer Trend Drivers - Oncodaily - January 20th, 2026 [January 20th, 2026]
- Machine learning-assisted mapping of VT ablation targets: progress and potential - Hospital Healthcare Europe - January 20th, 2026 [January 20th, 2026]
- Machine Learning Achieves Runtime Optimisation for GEMM with Dynamic Thread Selection - Quantum Zeitgeist - January 20th, 2026 [January 20th, 2026]
- Machine learning algorithm predicts Bitcoin price on January 31, 2026 - Finbold - January 20th, 2026 [January 20th, 2026]
- AI and Machine Learning Transform Baldness Detection and Management - Bioengineer.org - January 20th, 2026 [January 20th, 2026]
- A longitudinal machine-learning approach to predicting nursing home closures in the U.S. - Nature - January 11th, 2026 [January 11th, 2026]
- Occams Razor in Machine Learning. The Power of Simplicity in a Complex World - DataDrivenInvestor - January 11th, 2026 [January 11th, 2026]
- Study Explores Use of Automated Machine Learning to Compare Frailty Indices in Predicting Spinal Surgery Outcomes - geneonline.com - January 11th, 2026 [January 11th, 2026]
- Hunting for "Oddballs" With Machine Learning: Detecting Anomalous Exoplanets Using a Deep-Learned Low-Dimensional Representation of Transit... - January 9th, 2026 [January 9th, 2026]
- A Machine Learning-Driven Electrophysiological Platform for Real-Time Tumor-Neural Interaction Analysis and Modulation - Nature - January 9th, 2026 [January 9th, 2026]
- Machine learning elucidates associations between oral microbiota and the decline of sweet taste perception during aging - Nature - January 9th, 2026 [January 9th, 2026]
- Prognostic model for pancreatic cancer based on machine learning of routine slides and transcriptomic tumor analysis - Nature - January 9th, 2026 [January 9th, 2026]
- Bidgely Redefines Energy AI in 2025: From Machine Learning to Agentic AI - galvnews.com - January 9th, 2026 [January 9th, 2026]
- Machine Learning in Pharmaceutical Industry Market Size Reach USD 26.2 Billion by 2031 - openPR.com - January 9th, 2026 [January 9th, 2026]
- Noise-resistant Qubit Control With Machine Learning Delivers Over 90% Fidelity - Quantum Zeitgeist - January 9th, 2026 [January 9th, 2026]
- Machine Learning Models Forecast Parshwanath Corporation Limited Uptick - Real-Time Stock Alerts & High Return Trading Ideas -... - January 9th, 2026 [January 9th, 2026]
- Machine Learning Models Forecast Imagicaaworld Entertainment Limited Uptick - Technical Resistance Breaks & Outstanding Capital Returns -... - January 2nd, 2026 [January 2nd, 2026]
- Cognitive visual strategies are associated with delivery accuracy in elite wheelchair curling: insights from eye-tracking and machine learning -... - January 2nd, 2026 [January 2nd, 2026]
- Machine Learning Models Forecast Covidh Technologies Limited Uptick - Earnings Forecast Updates & Small Investment Trading Plans -... - January 2nd, 2026 [January 2nd, 2026]
- Machine Learning Models Forecast Sri Adhikari Brothers Television Network Limited Uptick - Stock Split Announcements & Rapid Wealth Accumulation -... - January 2nd, 2026 [January 2nd, 2026]
- Army to ring in new year with new AI and machine learning career path for officers - Stars and Stripes - December 31st, 2025 [December 31st, 2025]
- Army launches AI and machine-learning career path for officers - Federal News Network - December 31st, 2025 [December 31st, 2025]
- AI and Machine Learning Transforming Business Operations, Strategy, and Growth AI - openPR.com - December 31st, 2025 [December 31st, 2025]
- New at Mouser: Infineon Technologies PSOC Edge Machine Learning MCUs for Robotics, Industrial, and Smart Home Applications - Business Wire - December 31st, 2025 [December 31st, 2025]
- Machine Learning Models Forecast The Federal Bank Limited Uptick - Double Top/Bottom Patterns & Affordable Growth Trading - bollywoodhelpline.com - December 31st, 2025 [December 31st, 2025]
- Machine Learning Models Forecast Future Consumer Limited Uptick - Stock Valuation Metrics & Free Stock Market Beginner Guides - earlytimes.in - December 31st, 2025 [December 31st, 2025]
- Machine learning identifies statin and phenothiazine combo for neuroblastoma treatment - Medical Xpress - December 29th, 2025 [December 29th, 2025]
- Machine Learning Framework Developed to Align Educational Curricula with Workforce Needs - geneonline.com - December 29th, 2025 [December 29th, 2025]
- Study Develops Multimodal Machine Learning System to Evaluate Physical Education Effectiveness - geneonline.com - December 29th, 2025 [December 29th, 2025]
- AI Indicators Detect Buy Opportunity in Everest Organics Limited - Healthcare Stock Analysis & Smarter Trades Backed by Machine Learning -... - December 29th, 2025 [December 29th, 2025]
- Automated Fractal Analysis of Right and Left Condyles on Digital Panoramic Images Among Patients With Temporomandibular Disorder (TMD) and Use of... - December 29th, 2025 [December 29th, 2025]
- Machine Learning Models Forecast Gayatri Highways Limited Uptick - Inflation Impact on Stocks & Fast Profit Trading Ideas - bollywoodhelpline.com - December 29th, 2025 [December 29th, 2025]
- Machine Learning Models Forecast Punjab Chemicals and Crop Protection Limited Uptick - Blue Chip Stock Analysis & Double Or Triple Investment -... - December 29th, 2025 [December 29th, 2025]
- Machine Learning Models Forecast Walchand PeopleFirst Limited Uptick - Risk Adjusted Returns & Investment Recommendations You Can Trust -... - December 27th, 2025 [December 27th, 2025]
- Machine learning helps robots see clearly in total darkness using infrared - Tech Xplore - December 27th, 2025 [December 27th, 2025]
- Momentum Traders Eye Manas Properties Limited for Quick Bounce - Market Sentiment Report & Smarter Trades Backed by Machine Learning -... - December 27th, 2025 [December 27th, 2025]
- Machine Learning Models Forecast Bigbloc Construction Limited Uptick - MACD Trading Signals & Minimal Risk High Reward - bollywoodhelpline.com - December 27th, 2025 [December 27th, 2025]
- Avoid These 10 Machine Learning Project Mistakes - Analytics Insight - December 27th, 2025 [December 27th, 2025]
- Infleqtion Secures $2M U.S. Army Contract to Advance Contextual Machine Learning for Assured Navigation and Timing - Yahoo Finance - December 12th, 2025 [December 12th, 2025]
- A county-level machine learning model for bottled water consumption in the United States - ESS Open Archive - December 12th, 2025 [December 12th, 2025]
- Grainge AI: Solving the ingredient testing blind spot with machine learning - foodingredientsfirst.com - December 12th, 2025 [December 12th, 2025]
- Improved herbicide stewardship with remote sensing and machine learning decision-making tools - Open Access Government - December 12th, 2025 [December 12th, 2025]
- Hero Medical Technologies Awarded OTA by MTEC to Advance Machine Learning and Wearable Sensing for Field Triage - PRWeb - December 12th, 2025 [December 12th, 2025]
- Lieprune Achieves over Compression of Quantum Neural Networks with Negligible Performance Loss for Machine Learning Tasks - Quantum Zeitgeist - December 12th, 2025 [December 12th, 2025]
- WFS Leverages Machine Learning to Accurately Forecast Air Cargo Volumes and Align Workforce Resources - Metropolitan Airport News - December 12th, 2025 [December 12th, 2025]
- "Emerging AI and Machine Learning Technologies Revolutionize Diagnostic Accuracy in Endoscope Imaging" - GlobeNewswire - December 12th, 2025 [December 12th, 2025]
- Study Uses Multi-Scale Machine Learning to Classify Cognitive Status in Parkinsons Disease Patients - geneonline.com - December 12th, 2025 [December 12th, 2025]
- WFS uses machine learning to forecast cargo volumes and staffing - STAT Times - December 12th, 2025 [December 12th, 2025]
- Portfolio Management with Machine Learning and AI Integration - The AI Journal - December 12th, 2025 [December 12th, 2025]
- AI, Machine Learning to drive power sector transformation: Manohar Lal - DD News - December 7th, 2025 [December 7th, 2025]