Protective Order
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“Will Courts Enforce Protective Order Restrictions on AI Use?”
In a recent post, Phil Favro asked Will Courts Enforce Protective Order Restrictions on AI Use? (Favro Law Sep. 29, 2026). I have reviewed a lot of these orders, but Phil’s suggestion is one I...
Pro Se Prompts Privileged – N.Y. Court followed Morgan and Warner; Distinguished Heppner
A New York court held that an unrepresented litigant’s use of AI was protected work product. It addressed subpoenas directed to OpenAI seeking a pro se litigant’s use of AI.
Three More A.I. Protective Orders
Michael D. Berman examines three recent AI protective orders addressing how confidential discovery materials may, and may not, be submitted to artificial intelligence tools.
Dispute over A.I. Protective Order
In U.S. v. Thomas, defense counsel and the Government disputed proposed protective-order restrictions governing the use of AI in discovery. The court declined both to compel production of purportedly non-sensitive Rule 16 discovery and to...
How Does an “Attorney’s Eyes Only” Order Apply to an Unrepresented Party?
A New York federal court ordered that Attorney’s Eyes Only material produced in redacted form to an unrepresented defendant must come with a detailed redaction log, so they can meaningfully decide whether to challenge the...