Panel:“ Hot Topics in Cross Border Restructuring and Insolvency: Challenges and Development re Data Protection and Artificial Intelligence”
Summary by William Reily- NextGen Class 2025
Artificial intelligence( AI) is increasingly applied to solve problems and perform administrative tasks for lawyers, including in the field of insolvency. Panelists Hon. Justice Peter J. Osborne of the Ontario Superior Court of Justice( Canada), Sam Aguirre( Brazil) and Angela Barkhouse( Cayman Islands) engaged in a discussion of these applications moderated by Scott Atkins( Australia). Topics included the application of AI to resolve small dollar disputes in administrative courts in certain jurisdictions and the training of AI algorithms using the pleadings, written opinions and transcripts publicly available on court dockets.
While some courts are early adopters of AI, it remains to be seen whether other foreign courts will recognize rulings generated by or reliant on the use of AI in some respects. In legal practice, attorneys are adopting AI for pattern recognition in investigations and other data analysis but typically reviewing the AI generated reports for accuracy. However, authenticating AI generated reports continues to present evidentiary challenges for courts under evidentiary rules that do not easily adapt to AI authorship. For example, an AI chatbot or notetaking program cannot testify to the accuracy of the minutes taken at a board meeting, while an officer of the company could. To track developments in the cross-border issues arising from AI adoption within the legal profession, follow III’ s coverage of this topic.
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