The NeLI pod is hosted by Daniel Gold. Brandon Mack met with Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas and pointed out that no one had said anything about this. That means you are measuring incorrectly. See more +
The NeLI pod is hosted by Daniel Gold. Brandon Mack sat down with Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas and pointed out what no one else was saying: The measurements were wrong.
Lawyers have responsibly used AI tools thousands of times and no one has tracked that it worked as intended. So we now have a failure run scoreboard with no denominator.
And, as the judge noted, the lawyers who filed briefs full of bogus lawsuits are probably the same lawyers who would have approved anything handed to them by a paralegal back in the day—we just weren’t declaring the world was ending back then.
But the part that should spark the real debate is his take on the upcoming discovery battle. Rodriguez describes what he calls the “mother may eye” approach, where parties ask a judge for permission to use AI or TAR before a single document is produced.
His reading of the rules is straightforward. In other words, it is produced by the producer, and courts have no power to review the process until actual deficiencies are revealed. He saw us almost kill TAR in a pre-production battle and would hate to see the profession do something like that to Gen AI again.
listen + see
–> Spotify: https://open.spotify.com/show/2pVF3IVaKaEDTr19iFUAVx?si=569e1f7011aa4ae0
–> Apple Podcasts: https://podcasts.apple.com/us/podcast/neli-pod/id1750535625
–> YouTube: https://www.youtube.com/@NeLIPod
Save the Date: NeLI Conference | September 24-25, 2026 | UMKC
judges. partner. Leader of the legal team. It’s been 2 days. One room. Conversations that actually move the field.
Register to learn more: ediscoveryleadership.org
Sponsored: There’s still a chance. Download the 2026 prospectus: ediscoveryleadership.org/index.php/sponsors
See more –
