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  • AI, Work Product, and Rule 26 in Three Cases: Beware of Your AI Queries; They May Not Be Protected
    Artificial Intelligence - Financial Forensics - Litigation Consulting - QuickRead Top Story

    AI, Work Product, and Rule 26 In Three Cases: Beware of Your AI Queries; They May Not Be Protected

    May 7, 2026

    When you are a party in a legal matter, sometimes the things you type into an LLM are protected and sometimes they are not. Sometimes, if you share privileged things with your AI-companion, those things are no longer privileged. It depends on what you shared, who you are, and why you shared it. In this article, the author discusses three recent cases that discuss what is discoverable. Three recent cases have addressed the use of large language models (LLM or colloquially referred to as “AI”) in litigation: Warner v. Gilbarco, United States v. Heppner, and Morgan v. V2X.[1] The first…

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