Sidley Discusses Protective Orders and Generative AI in Discovery

This article examines how U.S. courts are addressing generative AI in discovery, with a focus on protective orders, confidentiality, and privilege. Analyzing decisions such as Morgan v. V2X, Inc. and Jeffries v. Harcros Chemicals, Inc., it highlights emerging judicial expectations around AI safeguards, including limits on data retention, model training, and disclosure. The piece provides practical guidance for litigators and in-house counsel on drafting AI-related discovery provisions and managing risk when using AI tools. Readers will gain insight into evolving legal standards, court treatment of AI-assisted work product, and the broader impact of generative AI on litigation strategy.