What Happens in AI Tools Doesn’t Stay in AI Tools: A New Texas Ruling on AI and Discovery

By Thomas W. Sankey, Joseph T. Walsh and Nicolette J. Zulli

If your employees or clients are using AI tools like ChatGPT to prepare for litigation, you need to know this: A Texas court just waded into the question of whether those conversations are discoverable, and the answer is more nuanced than you might expect. In a June 2026 ruling that is among the first of its kind in Texas, the Business Court addressed head-on whether a party’s ChatGPT “conversations” are protected attorney work product or fair game in discovery. The short version? The protection held, mostly. But the court also imposed disclosure obligations that should have every litigant rethinking how they use AI behind the scenes.

Read the full Alert on the Duane Morris LLP website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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