A Practitioner’s Guide to Deploying Generative AI in Due Diligence and Corporate Investigations
Author: Jackson D. Toof.
Source: Volume 42, Number 09, September 2026 , pp.105-112(8)

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Abstract:
This article discusses the rapidly evolving role of generative AI in due diligence and corporate investigations, mapping its capabilities against the risks practitioners must navigate. Covered topics include the current state of industry adoption, what AI can and cannot do, practical and operational limitations, factors impacting the pace of adoption, risk mitigation opportunities, and a defensible 2026 operating model. The article also analyzes recent federal cases showing that courts are holding AI-assisted work product to existing ethical and procedural standards.Keywords: eDiscovery; Fact Development; Risks of Generative AI; Risk Mitigation; Warner v. Gilbarco, Inc.; U.S. v. Heppner
Affiliations:
1: ArentFox Schiff LLP.