JD Supra: Expert Engagement Agreements in the Age of Generative AI: Best Practices for Governing Expert Use of AI Tools

August 31, 2026

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JD Supra covered HLLI’s case, Kohls v. Ellison.

Courts have begun excluding expert testimony and striking expert declarations when experts use generative AI tools (“gen AI”) without adequate verification or disclosure. In Kohls v. Ellison, No. 24-CV-3754, 2025 WL 66514 (D. Minn. Jan. 10, 2025), a federal court excluded an expert’s declaration in its entirety because the expert used GPT-4o and failed to verify AI-generated citations—some of which were fabricated.

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