Kirkland’s May 20 analysis covers a Colorado federal court order in Morgan v. V2X addressing AI use in litigation. The court allowed AI use under protective-order safeguards, held that a pro se litigant’s AI-assisted litigation prep could receive work-product protection, but required disclosure of the AI tool’s identity. The adopted language bars parties from putting confidential information into AI tools unless the provider contractually blocks training/storage misuse, limits third-party disclosure, and permits deletion. Protective orders may now need AI-specific clauses, especially around enterprise vs. consumer tools.
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