Judges are still figuring out the best way to preempt misuse of generative AI (GenAI) in their courts as use of AI technology becomes more commonplace in litigation.

Since Judge Brantley Starr of the U.S. District Court for the Northern District of Texas issued the first standing order on the use of AI in preparing court filings in 2023 (Rules & Orders | Northern District of Texas | United States District Court), hundreds of state and federal judges have amended or issued standing orders, general orders, local rules, pretrial orders, and other guidance to address AI use and misuse in their courtrooms. As this landscape continues to evolve, practitioners should understand that judges continue forging their own paths.

Continue reading the full GT Advisory.

Tags: AI, GT Insight
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Photo of Kathryn C. Cole Kathryn C. Cole

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation…

Kathryn C. Cole is a shareholder and commercial litigator who represents businesses, financial institutions, and individuals in complex disputes across federal and state courts, arbitration, mediation, and proceedings before federal agencies and regulatory bodies. Her practice spans contract claims, product liability, tort litigation, consumer class actions, and securities class actions, serving clients ranging from major pharmaceutical companies to closely held businesses. Katy brings a combination of courtroom advocacy, appellate experience in the U.S. Court of Appeals for the Second Circuit, and deep knowledge of eDiscovery strategy that allows her to manage high-stakes litigation from preservation through trial and appeal.

Katy is a Certified E-Discovery Specialist (CEDS) and a recognized authority on electronic discovery and data retention. She guides clients through every phase of the eDiscovery process, including identification, preservation, collection, review, and production of electronically stored information. She works closely with clients to develop defensible discovery plans and retention policies, implement technology assisted review platforms, and leverage analytics to reduce costs and risk. She is a founding member of and prolific contributor to Greenberg Traurig’s eDiscovery Watch blog, where she regularly addresses emerging issues such as generative AI in litigation, text message preservation, and spoliation.

Before entering private practice, Katy clerked for the Hon. Richard C. Wesley at both the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit. She has argued multiple appeals in the Second Circuit and the Second Department Appellate Division, and she has in-house experience through a secondment with a major technology company. Her understanding of both the courtroom and the corporate legal department gives her a practical perspective that informs her litigation strategy and client counseling.

Katy is actively involved in shaping civil practice in New York. She serves on the Office of Court Administration’s CPLR Advisory Committee and the New York State Advisory Committee on Civil Practice. She is a past president of the Eastern District of New York Chapter of the Federal Bar Association and a Fellow of The New York Bar Foundation. She has been listed in The Best Lawyers in America for Commercial Litigation and she received the Long Island Business News “Top 50 Women in Business” award in 2024.

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