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 an earlier post, we discussed how District Court Judge Iain Johnston noted that “at times, ESI discovery can be complex,” but the “same basic discovery principles that worked for the Flintstones still work for the Jetsons.” Indeed, ESI discovery, just like its paper predecessor, involves five fundamental steps: (1) identification, (2) preservation, (3)