AI in litigation, work product edition: Courts are now sorting out whether AI prompts and outputs are protected, and the work product doctrine is doing most of the heavy lifting. My latest analysis covers what litigators should know about AI, discovery, and the potential risks ahead.
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ANALYSIS: AI Use in Litigation Brings New Discovery Risks
AI’s impact on litigation is more complex than just hallucinated case citations. Parties and their counsel are now creating AI prompts and outputs as part of litigation — and then being asked for them...