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Texas Court Protects Represented Litigant's ChatGPT Conversations
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Texas Court Protects Represented Litigant's ChatGPT Conversations Over the past few months, I’ve been covering rulings addressing the applicability of the attorney work-product privilege to litigation research conducted with artificial intelligence (AI) tools. Across the cases, the status of the person using AI has varied, necessarily impacting the courts’ analysis and conclusions.
Niki Black
8 hours ago3 min read


Are AI Prompts Privileged? Time Will Tell.
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Are AI Prompts Privileged? Time Will Tell. Last month, a New York court weighed in on the issue of the application of work product protections to information surrounding a litigant’s use of generative artificial intelligence (AI). This is an area of law that is rapidly evolving, with courts at both the state and federal levels addressing these issues and reaching conflicting conclu
Niki Black
Jul 73 min read


Behind the Prompt: The New Frontier of Expert Witness Discovery
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Behind the Prompt: The New Frontier of Expert Witness Discovery If you’re a litigator, you’re undoubtedly finding that AI is inescapable. You may not be experimenting with it, but nearly everyone else is. Opposing counsel is drafting briefs using the AI features built into their document management system, your clients are researching legal issues with ChatGPT before meeting with y
Niki Black
Jul 13 min read


Florida Joins New York, Adopting Its Own AI Rule
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Florida Joins New York, Adopting Its Own AI Rule Last week, I discussed the New York State Unified Court System's new generative artificial intelligence (AI) rule, Part 161. This rule requires that lawyers and parties who appear before New York Courts and plan to use AI must: 1) understand its capabilities and limitations, and 2) ensure that all submissions are accurate and devoid
Niki Black
Jun 233 min read
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