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.