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
In Estate of Daher, by and through Daher v. LSH Co. (E.D. Pa. July 12, 2023), the plaintiff, seeking to recover the proceeds of a life insurance policy, served subpoenas on a nonparty (Coventry) to obtain documents related to a finance program administered by Coventry under which plaintiff alleged the policy was generated. Coventry objected
A case out of the District of Minnesota recently addressed whether a party can be compelled to produce text messages from an employee’s personal mobile device when that party has a bring your own device (BYOD) policy in place. See In re Pork Antitrust Litig., 2022 WL 972401 (D. Minn. 2022).
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