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Work Product Doctrine

208 published works

  1. Florida Condo & HOA Law Blog

    Association Records That Are Not Available for Inspection

    By Florence King

    Most people who live in Florida live in some form of a residential development, and those communities are typically managed by a community association. A community association is a legal…

  2. K-12 Legal Insights

    Think Before You Chat: What AI Tools Could Cost You in Court

    By John W. Borkowski, Aleks Ostojic Rushing, Mackenzie Conway, Allie Bergeron

    AI tools have become part of the daily workflow for school administrators, board members, and staff, whether they are used to draft emails, organize information, or research questions that might…

  3. eDiscovery Watch

    New York Court Recognizes Work-Product Protection for AI Prompts and Outputs in Discovery

    By Kathryn C. Cole

    The Nassau County Supreme Court addressed whether AI prompts and outputs may be protected in litigation when it quashed non-party subpoenas seeking those materials.

  4. California Employment Law Update

    Employer’s Investigation Of Alleged Sexual Harassment Was Not Privileged

    By Tony Oncidi

    Paknad v. Superior Court, 119 Cal. App. 5th 1256 (2026) While still employed by Intuitive Surgical, Michelle Paknad alleged sexual harassment, gender discrimination, and unlawful retaliation. In response, the employer retained…

  5. eDiscovery Watch

    Work Product Protection and the Disclosure of AI Tools in Discovery: Lessons from Morgan v. V2X (Part I)

    By Cheyenne Rivera

    In Morgan v. V2X, Inc., a Colorado district court examined how AI use in litigation affects work product protection and the handling of confidential information.

  6. Drug & Device Law

    Guest Post – Think Before You Prompt: What Recent Case Law Tells Us About Privilege, Work Product, and Your AI Interactions

    By Bexis

    Today's guest post is another tech-related discussion from Reed Smith‘s Jamie Lanphear. Given the increasing ubiquity of artificial intelligence ("AI") in legal practice, the notion of AI prompts and output becoming…

  7. California Employment Law Update

    From Best Practice to Exhibit A: The Hidden Risk of Workplace Investigations

    By Gregory Knopp, Dixie Morrison

    Employers love a good investigation story—prompt response, outside counsel, thorough interviews, the whole compliance greatest-hits album. But the California Court of Appeal’s recent decision in Paknad v. Superior Court is…

  8. New York Attorney Malpractice Blog

    Some of the Common Phrases Invoked in Attorney-Client Privilege Disputes

    By Andrew Lavoott Bluestone

    The First Department determined this discovery dispute concerning whether attorney-client communications were privileged or waived in Prospect Capital Corp. v Morgan Lewis & Bockius LLP, 2026 NY Slip Op 02220,…

  9. Bressler Risk Blog

    AI, ABA and Conflicts News — AI Use and Work Privilege Protections, Insurer v Defense Counsel Conflicts Concerns

    By Dan Bressler

    More on AI use and privilege from David Kluft: “Can a pro se party’s AI use be protected by the work product doctrine?” — “In a CO employment dispute, the…

  10. Understanding the ADA

    Work Product Privilege and AI an Issue Just Not Going Away

    By William Goren

    This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry.  …