AI Takes The Stand: The New Frontier In White-Collar Evidence

BusinessPolicyAI Takes The Stand: The New Frontier In White-Collar EvidenceByRobert Anello,Contributor.for Morvillo Abramowitz Grand Iason& AnelloPCFollow AuthorApr 23, 2026, 09:50am EDT--:-- / --:--This voice experience is generated by AI. Learn more.This voice experience is generated by AI. Learn more.Artificial intelligence has moved from the back office to the witness stand, becoming the foundation for expert testimony and forensic evidence in criminal trials.AIArtificial intelligence (AI) is no longer just a tool for legal research. It is now also the foundation for expert testimony and forensic evidence in federal criminal trials, with significant implications for white-collar practitioners. AI-generated evidence, however, presents concerns of analytical errors, bias, and lack of interpretability, raising serious reliability questions. When such evidence accompanies expert testimony, Federal Rule of Evidence 702 and the Daubert v. Merrell Dow Pharmaceuticals, Inc. standard apply, requiring trial courts to act as gatekeepers to ensure that expert testimony rests on reliable methodology under a preponderance of the evidence standard. The application of such evidentiary rules to AI has had mixed results. Some courts have excluded AI-generated evidence when experts fail to verify outputs or explain methodology, as in In re Celsius Network LLC.Other courts have admitted such evidence when its proponents laid an adequate foundation, as in United States v. Sterlingov. Recognizing that AI-generated evidence also may enter the record without expert testimony, potentially escaping Rule 702’s heightened reliability requirements, the U.S. Judicial Conference’s Advisory Committee has proposed Federal Rule of Evidence 707 (“Machine-Generated Evidence”), set for a vote on May 7, 2026, which would extend Rule 702’s reliability requirements to AI-generated evidence offered without an expert. AI-generated evidence in a criminal case also presents issues under Crawford v. Wa...