Orrick, Herrington & Sutcliffe·LITIGATION / CLASS ACTION

AI Tools Accelerate Mass Tort Claim Origination

Plaintiffs’ firms are now using AI for ad targeting, automated intake, and narrative shaping, creating new discovery opportunities and strategic challenges for defendants.

Plaintiffs' firms are increasingly using artificial intelligence to generate mass tort claims at scale, creating a tech-driven pipeline that goes far beyond traditional advertising. This ecosystem, often backed by litigation funders, uses algorithmic ad targeting to find potential claimants, AI-powered chatbots for initial intake, and automated software to screen cases before human review.

For corporate defendants and their counsel, this shift accelerates the volume-based litigation model that pressures aggregate settlements. However, it also creates a new, potentially discoverable evidentiary record, including chatbot transcripts and ad-targeting parameters, which can be crucial for challenging a claimant's account of exposure or timing. The plaintiffs' bar's adoption of these tools also creates novel risks for the firms themselves, exemplified by a putative class action alleging a mass tort firm used AI-generated voice calls in violation of the TCPA. Defense counsel should now incorporate discovery requests targeting these AI systems and monitor emerging consumer-protection cases against opposing counsel for new defense arguments.

mass-tortartificial-intelligencelitigationdiscoveryclient-intakelitigation-fundingclass-action
Read the original firm alert → Wednesday, September 16, 2026

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