On March 30, 2026, a Colorado federal court held that a pro se litigant’s AI-generated litigation materials are protected work product, then wrote its own protective order provision that effectively bars consumer AI platforms from processing confidential discovery materials.

A federal magistrate judge in Michigan ruled that a pro se plaintiff’s AI-generated litigation materials are protected by the work product doctrine, and that using ChatGPT does not waive that protection. The decision creates a direct split with the Southern District of New York’s ruling in United States v. Heppner on the same issue, issued on the very same day.

On February 10, 2026, Judge Jed Rakoff of the Southern District of New York ruled that documents a criminal defendant generated using Anthropic's Claude AI are neither protected by the attorney-client privilege nor the work product doctrine.