ANALYSIS: Tips for Drafting Protective Orders for AI & Discovery

AI tools drastically reduce the time and tedium of making sense of documents and information amassed in discovery. But unconstrained use of these tools—particularly publicly accessible platforms—may compromise confidentiality and privacy and make clawback impossible.

As some judges have urged, litigants’ protective orders should address the use of AI tools on material produced in discovery. Two recent federal district court decisions can guide practitioners as they negotiate and draft appropriate guardrails.

Morgan and Jeffries

In Morgan v. V2X, Inc., the magistrate judge rejected both parties’ suggested language limiting the use of AI tools on confidential discovery and amended ...