Editor’s Note: The defamation lawsuit against MyPillow CEO Mike Lindell now highlights a critical issue facing cybersecurity, information governance, and eDiscovery professionals: the risks of using generative artificial intelligence without rigorous oversight. With Lindell’s legal team under scrutiny for filing a brief riddled with AI-generated errors, the case brings to the forefront the urgent need for responsible technology use in legal and regulatory environments. As AI becomes more embedded in professional workflows, this situation underscores the importance of expert supervision, fact verification, and adherence to established ethical standards to safeguard credibility and professional integrity.


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Industry News – Artificial Intelligence Beat

AI Missteps in the Courtroom: MyPillow CEO’s Legal Team in Turmoil

ComplexDiscovery Staff

In the latest twist of the ongoing defamation lawsuit against MyPillow CEO Mike Lindell, the use of generative artificial intelligence has placed his legal team on precarious grounds. The lawsuit, initiated by Eric Coomer, a former employee of Dominion Voting Systems, accuses Lindell of defamation stemming from his persistent claims questioning the integrity of the 2020 presidential election. This case, already steeped in controversy due to its high-profile defendant, has garnered further attention following revelations about the technological resources employed by Lindell’s legal representatives.

This legal conundrum traces back to a legal brief filed on February 25 by Lindell’s attorneys, Christopher Kachouroff and Jennifer DeMaster, with the U.S. District Court for the District of Colorado. Presiding Judge Nina Wang identified almost 30 defective citations within this brief, which included misquotes and citations that pointed towards non-existent cases. These inaccuracies prompted Judge Wang to demand an explanation, as reported by KUSA’s Kyle Clark. “Not until this Court asked Mr. Kachouroff directly whether the Opposition was the product of generative artificial intelligence did Mr. Kachouroff admit that he did, in fact, use generative artificial intelligence,” Judge Wang documented in her ruling.

The catalyst for this legal debacle appears to be the unintended application of AI to draft the controversial brief. In a somewhat ironic twist, the attorneys admitted that they were oblivious to the extent of errors until Judge Wang’s intervention. Contrasting the traditional meticulous nature of legal proceedings, Kachouroff’s admission underlined a misuse of technology that strayed from established legal protocols. “I wasn’t intending to mislead the Court,” Kachouroff explained, acknowledging the AI’s role in generating incorrect citations.

In the ensuing fallout, Judge Wang has charged Kachouroff and DeMaster with providing a rationale as to why they should not face sanctions or counseling for professional conduct violations. The broader law community has shown interest in how this situation will unfold, with local Denver attorney David Lane, not directly involved in the case, criticizing the inadequacy of current AI applications in legal professions. Lane highlighted potential AI ‘hallucinations,’ stating, “There’s a thing out there called AI hallucinations, which AI simply makes things up.”

Within this maelstrom, Lindell’s legal team, represented by the McSweeney Cynkar and Kachouroff law firm, contended that the errant filing was the consequence of an earlier draft submitted by human error rather than intentional oversight. Despite these claims, Judge Wang remains skeptical and has obliged the team to provide a conclusive explanation before potential disciplinary actions are determined.

The case also underscores a growing debate around AI’s place in legal workspaces, with concerns about its reliability. Kachouroff, in an attempt to defend the AI usage, remarked how tools such as Microsoft’s Co-Pilot and Google’s AI applications are routinely used to streamline legal processes. However, he noted a crucial oversight in failing to independently verify AI-generated content before submission to the court.

The legal predicament echoes a broader cautionary saga witnessed earlier in the same year, where other legal professionals similarly misjudged AI capabilities, leading to professional repercussions. For instance, following AI-generated errors, a lawyer representing Michael Cohen faced similar setbacks involving Google’s Bard technology.

As this saga ensues, the impacts it posits have rippled beyond the courtroom, encapsulating a conversation on technological ethics and professional diligence imperative within the legal sector. Although AI stands as a promising tool of efficiency, as depicted in this legal quagmire, it mandates rigorous regulation, expert oversight, and adherence to foundational diligence, as articulated in the meticulous cross-verification of facts and authoritative citations.

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