HSW Authors Examine AI-Evidence Admissibility for New York Law Journal

June 27, 2025

Dr. Monica Delgado, Jonathan Harris, and Ashley Robinson published a comprehensive New York Law Journal article titled “AI-Generated Evidence in Litigation: New York State and Federal Perspectives.” The piece addresses how courts are approaching the admissibility of content generated by artificial intelligence (AI) — from deepfake videos to algorithmic financial data.

Analyzing recent rulings, including the exclusion of Microsoft Copilot-assisted damages calculations under the Frye standard, the piece offers guidance for litigators navigating both New York and federal evidentiary rules.

“For New York practitioners, mastering these evolving standards will be critical to both excluding unreliable AI-generated evidence or advocating for its admission while safeguarding valid claims,” write the authors.

Key highlights:

●      Comparison of state vs. federal standards on AI evidence.

●      Discussion of authentication, due process, and transparency concerns in opaque AI systems.

●      Real-world examples and tactical considerations for litigators.

About the Authors:

●      Dr. Monica Delgado (Ph.D.) is a clinical forensic psychologist with two decades of experience working in the legal system, who integrates multidisciplinary insights into emerging legal-tech issues and strategy.

●      Jonathan Harris is the founder and managing partner of HSW, bringing high-stakes litigation expertise in employment, business, and regulatory investigations.

●      Ashley Robinson is a commercial litigator representing clients in a wide range of business, labor, and employment disputes.