Raleigh partner Jeff Kelly was recently interviewed and quoted by MLex in an article discussing a significant artificial intelligence eDiscovery order in the landmark copyright case brought by The New York Times and several news outlets against OpenAI and Microsoft. OpenAI was ordered to preserve all user chat logs, despite the company’s objections that complying with the order would potentially violate user privacy expectations and international data privacy regulations. 

Kelly provided feedback on recent hearings in the OpenAI cases and how AI developers can manage data preservation issues to avoid OpenAI’s dilemma of processing over 60 billion chat logs on short notice. The OpenAI case is an early glimpse into how courts are evaluating emerging eDiscovery issues in AI litigation matters.

“The more work AI companies do at the outset of litigation to tag and categorize different types of chat outputs, the easier it will be to present courts with narrow discovery proposals, according to Nelson Mullins emerging technology lawyer Jeff Kelly.”

Kelly focuses his practice on emerging technology, particularly in areas involving data analytics, artificial intelligence, digital assets, and FinTech. He works closely with entrepreneurs and companies to effectively navigate changing technology regulations, government investigations, and complex corporate governance challenges. Kelly is also a Fellow of Duke University School of Law’s Center on Law and Technology and serves on the Governing Council of the American Bar Association’s Center for Innovation.

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