You Can't Compel What You Didn't Negotiate: The Importance of AI Language in an ESI Protocol

A party can run generative AI to decide what gets produced, and you still might not be able to “see inside” the process after the fact. That’s the gut punch and the practical lesson from Schulte v LinkedIn Corp. (N.D. Cal.), where plaintiffs tried to compel detailed transparency about LinkedIn’s Relativity AIR document review, including metrics like illusion estimates, document error rate, and how many humans validated the AI’s calls. We unpack why the court says no and how the interim ESI o...