AI Hallucinations & Credibility

In Episode 4 of the Delaware Corporate Litigation Insights Podcast, host Delaware Managing Partner Francis G.X. Pileggi is joined by K&L Gates litigation partner Steven L. Caponi to examine a recent Delaware Court of Chancery decision involving fabricated quotations generated through the use of AI in a court filing. Steven frequently serves as “Delaware Counsel” for corporations and other law firms from around the world in connection with cases pending in Delaware and to advise on Delaware law issues for transactions originating in other jurisdictions, but governed by Delaware law.

Francis and Steve discuss the professional obligations attorneys face when using generative AI, including the need to independently verify every citation, quotation, and legal argument before submitting a filing. They also explain how the Court of Chancery responded to the problem, and the need for counsel to fully correct the initial filing, accept responsibility, and respond candidly. The Delaware Court of Chancery’s published decision on a recent matter where the issue arose was also highlighted on the Delaware Corporate and Commercial Litigation Blog. This recent podcast episode offers practical guidance for lawyers who discover a substantive error in a filing: notify the court promptly, make a complete correction, take ownership of the mistake, and never shift responsibility to others. Listen to the full episode to get key insights on how an attorney’s credibility is built over an entire career, and should never be sacrificed for a single case or client.

What is Delaware Corporate Litigation Insights: A Lewis Brisbois Podcast?

Lewis Brisbois is excited to present Delaware Corporate Litigation Insights, a podcast series examining the latest legal developments, court decisions, and governance issues shaping the corporate world. Hosted by Wilmington Managing Partner Francis G.X. Pileggi and Partner Chauna Abner, this series offers practical insights on fiduciary duties, shareholder disputes, corporate governance issues, and other high-stakes business litigation matters arising in the State of Delaware and beyond.

Drawing on decades of experience representing corporations, directors, officers, stockholders, and LLC stakeholders, Francis and Chauna break down complex legal issues into timely, actionable takeaways for executives, board members, in-house counsel, and business leaders. Whether you're tracking emerging litigation trends or navigating critical business disputes, Delaware Corporate Litigation Insights provides the latest developments and recent court decisions in corporate and commercial litigation!