Texas Business Court addresses privilege issues in the age of generative AI

As generative artificial intelligence (Gen AI) becomes more common in litigation and case preparation, courts are increasingly being asked how traditional privilege doctrines apply to AI-generated content. In a recent decision, the Texas Business Court held that AI chat logs created by a litigant may be protected by work-product privilege under Texas law and that disclosure of information to an AI platform does not automatically waive that protection.

The decision is the first substantive Texas Business Court ruling to address privilege issues involving AI chat logs. It provides valuable insight into how Texas courts may analyze AI-related privilege disputes, particularly where a non-lawyer party uses Gen AI. The article also compares the court's reasoning with recent federal decisions and examines the growing body of authority suggesting that use of an AI platform alone should not be treated as an automatic waiver of privilege.

For litigants, in-house legal teams and outside counsel, the ruling highlights the importance of understanding how jurisdiction-specific privilege rules may apply to AI tools and of developing policies that account for evolving legal and discovery considerations. Read the full article, "AI in litigation: Texas Business Court finds AI chat log privileged."