During the Generative AI and Litigation CLE Panel at the New York State Bar Association’s Annual Meeting, the panelists discussed whether AI “prompts” that are typically used to create output from generative AI are discoverable and whether all such prompts can be deemed privileged. The audience seemed surprised to learn that the short answers are
Discovery in the United States is uniquely broad, and under the Federal Rules of Evidence and various state laws, parties have a legal obligation to preserve documents and data if they know or should have known that they represent relevant evidence in pending or reasonably anticipated litigation.[1] Companies headquartered outside of the United States