Episode Details

We break down Morgan v V2X, the most detailed federal ruling yet on generative AI, work product protection, and what happens when confidential discovery meets mainstream AI tools. We also track how Morgan fits with Heppner and Gilbarco and why the real fight is shifting toward protective orders, platform contracts, and access to justice. 

• why Morgan v V2X becomes a turning point for AI in civil discovery 
• the work product doctrine under FRCP 26(b)(3) and why it applies to pro se litigants 
• when AI use does not equal waiver and why third-party access is not the whole story 
• why prompts can be opinion work product and outputs may be qualified work product 
• the court’s limits on protection and why tool name disclosure is treated differently 
• a court-built framework for AI language in protective orders and why consumer AI often fails it 
• the practical burden of training prohibitions, third-party flow-down terms, deletion rights, and documentation 
• the emerging enterprise AI advantage and the access to justice gap it creates 
• tactical takeaways on over-designation, tailoring discovery requests, and counseling clients on unsupervised AI use 

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