Crowell Tracker of Court Rulings on Legal Privilege and Artificial Intelligence Tools

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As companies and individuals increasingly embed AI tools in legal practice, courts are grappling with how to treat communications with, and information generated by, these tools. Chief among these questions is whether and in what circumstances attorney-client privilege and work-product protections as they are applied in different jurisdictions extend to AI-generated content or communications with an AI tool.

The applicability of these protections directly affects the ability to keep the information confidential later. Given the rapidly shifting legal landscape, practitioners and their clients should keep apprised of developing case law. Anyone considering using AI tools in connection with litigation, regulated activities, compliance, or other legal activities should consult counsel prior to such use.

We are actively monitoring developments in this area and will continue to update the following case tracker as new decisions become available. Please reach out to our team with questions or requests for specific advice.

Case Name

Case Number

Jurisdiction

Date

Stage at Time of Decision

Key Issue(s)

Relevant Holding

Sohyon Warner v. Gilbarco, Inc., Gilbarco, Inc. (d/b/a Gilbarco Veeder-Root), and Vontier Corporation

24-CV-12333

United States District Court for the Eastern District of Michigan, Southern Division

2/10/2026

Discovery-disputes stage after fact discovery had closed

Whether AI-use materials were protected work product; and
Whether using ChatGPT waived work-product protection by disclosing material to a third party.

The court denied a motion to produce documents concerning the use of ChatGPT:

the AI-use materials were the pro se plaintiff’s protected work product—the court agreed that the defendant was seeking the plaintiff’s internal analysis and mental impressions subject to heightened protections afforded to opinion work product; and,
for work-product waiver, the disclosure has to be to an adversary or in a way likely to get in…

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