Courts are now addressing how protective orders should govern the use of generative AI in discovery. Two federal decisions — Morgan v. V2X, Inc. and Jeffries v. Harcros Chemicals, Inc. — distinguish between “open” public AI tools that may retain and train on user data and more secure “closed” systems, and contemplate contractual safeguards before confidential discovery materials can be submitted to AI platforms. Practical takeaways may include addressing AI use explicitly at the outset of discovery and drafting concrete operational safeguards rather than referencing specific tools. Emerging issues that parties may anticipate include pro se litigants' access to AI, AI's influence on user behavior, and the conceptualization of AI within existing privilege and confidentiality frameworks..
