Topic
Work Product
27 published works
Debevoise & Pimpton Data Blog
AI Chats May Be Work Product—Even When Lawyers Aren’t Involved
By Avi Gesser
On October 21, 2026, Magistrate Judge Marty Fulgueira Elfenbein of the U.S. District Court for the Southern District of Florida issued a discovery order in Fontainebleau Florida Hotel, LLC v.…
eDiscovery Today Blog
GenAI Prompts in eDiscovery: Are They Protected Work Product? eDiscovery Trends
By Doug Austin
Are GenAI prompts in eDiscovery protected work product or not? Two notable experts in our industry tackle that question in their latest paper. The post GenAI Prompts in eDiscovery: Are…
eDiscovery Bytes
Your Protective Order Wasn’t Written for ChatGPT
A Texas business court held that a company executive’s ChatGPT conversations about his own case are protected work product — then ordered him to identify every produced document he fed…
Dear Ethics Lawyer
March 2, 2026 Issue – GenAI and Privilege
Q: Dear Ethics Lawyer,I thought AI was supposed to make the provision of legal service more efficient and effective, to the benefit of both lawyers and clients. But now I…
Inside Privacy
AI and Legal Privilege: Key Takeaways from US v. Heppner
By Micaela McMurrough, Matthew Harden, Bryan Ramirez
On February 10, 2026, federal district court Judge Jed S. Rakoff ruled from the bench in the Southern District of New York that the attorney-client privilege and the work product…
Tort Talk
Federal Court Judge Wolson Allows Plaintiff to Secure Claims Evaluation Documentation From UIM Carrier in Discovery
In the case of Long v. Progressive Adv. Ins. Co., No. 2:24-CV-01735-JDW (E.D. Pa. Dec. 11, 2024 Wolson, J.), the court addressed a Motion to Compel filed by a Plaintiff…
Commercial Litigation Update
Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure
Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the…
Sidley Austin Blog
Good Fences Make Good Neighbors and Preserve Attorney-Client Privilege in the Boardroom: A Word of Caution for Boards Navigating Potential Disputes Among Directors or With Funds They Manage
By Hille R. Sheppard, Kai H.E. Liekefett, Ross O. Kloeber IV
The boardroom frequently presents attorney-client privilege and work product protection issues. The Delaware Court of Chancery’s recent decision in Hyde Park Venture Partners Fund III, LP v. FairXchange, LLC, C.A.…
White Collar Briefly
Internal Investigations: Law on Work Product & Attorney-Client Privilege
By Jason Day, Markus Funk
Following up on a recent Public Chatter blog in a series about internal investigations, note that Federal Rule of Evidence 502(g) states: (1) “Attorney-client privilege” means the protection that applicable law provides…
Legal Profession Blog
Work Product In Washington State
The Washington State Supreme Court affirmed a Court of Appeals remand for violation of the work product protection in connection with a PIP claim. Washington law extends work product protection to…