Washington D.C. Partner David Timm was featured on the WT 360 podcast, where he discussed the growing use and misuse of generative artificial intelligence in government contracting and procurement litigation. Drawing on his experience representing contractors in bid protests and claims, David examined how large language models are increasingly appearing in filings before federal procurement tribunals.

During the episode, David cautioned that while GenAI tools can offer efficiencies, they also pose significant risks when relied on without proper oversight. He noted that these systems are often designed to reinforce user assumptions, explaining that “these systems are designed to be sycophantic in a way where they’re saying, ‘That’s a great point,’ even when you may not have a strong argument.” This tendency, he said, can lead to fabricated citations and factual inaccuracies that undermine the integrity of legal filings.

David also emphasized the reputational and procedural consequences of GenAI misuse, particularly in procurement protests. “When they catch these initial careless errors, they start treating everything else as if you have much less credibility to your argument,” he said, adding that tribunals have increasingly dismissed cases or imposed sanctions tied to AI-generated inaccuracies.

He concluded by stressing that responsibility for accuracy ultimately rests with the filer, noting that generative AI can be a useful tool when paired with human judgment and verification, but can quickly become a liability when used as a substitute for legal analysis.

To listen to the full episode, click here.