Court Evaluates AI-Related Provisions In Discovery Protective Orders

As generative AI becomes more common in litigation workflows, courts are increasingly being asked to address how AI tools may be used with confidential discovery materials.

A recent decision from the District of Colorado provides insights into one court’s approach to generative AI in discovery. The ruling distinguishes between public consumer AI tools and enterprise platforms with specified safeguards, while addressing proposed provisions requiring approval before new AI tools may be used.

Areas of Disagreement Regarding AI Tool Use

In this consumer dispute, the parties agreed that discovery material was confidential. After a hearing, they even agreed on a cutting-edge artificial intelligence provision for their protective order.