United States: Disclosure & Electronic Discovery & Privilege

Two courts recently addressed whether AI prompts and conversations used in litigation preparation are discoverable, with both the Texas Business Court and New York Supreme Court...

A recent ruling from a federal magistrate judge in Connecticut signals that courts may increasingly treat certain uses of generative AI as part of an expert's methodology, and therefore discoverable...

Three recent federal court decisions have created some uncertainty about whether materials created using generative AI tools are protected by attorney-client privilege or the work product doctrine. In United States v. Heppner, the court held that a party’s use of a consumer AI platform without attorney direction vitiated any privilege protection.