Are Your AI Chats Discoverable? Courts Begin to Map Work Product and Privilege in the Age of Generative AI

In a remarkably short span, courts across the country have begun answering a question that did not exist a few years ago: when a litigant types case-related information into a publicly available generative artificial intelligence (AI) platform, are those interactions protected from discovery? Beginning with United States v. Heppner’s “question of first impression nationwide” decided in February 2026, federal and state courts have issued at least eight opinions in roughly four months addressing…
By: Baker Donelson