Litigants Must Update Protective Orders for AI Exposure
AI platforms can inadvertently ingest confidential documents unless protective orders explicitly cover them.
The article highlights a growing risk that confidential documents—trade secrets, financial records, and other sensitive business information—may be shared with an AI platform during litigation if protective orders do not explicitly address AI usage. It urges counsel to revise protective orders to include AI‑specific clauses that restrict downstream sharing, enforce data‑deletion or data‑redaction protocols, and clarify confidentiality obligations to any AI system. Clients with data‑intensive litigation must ensure that vendors, discovery tools, and legal tech platforms comply with the new language. This guidance has immediate practical implications: it can prevent inadvertent leaks, mitigate sanctions risk, and protect trade secrets. Lawyers should review existing orders, collaborate with IT and data‑privacy teams, and implement AI‑focused protective strategies before filings or deposition exchanges.