Southern District Of New York Rules That AI-Generated Documents Prepared Without The Direction Of Counsel Were Not Protected By Privilege
02/18/2026
On February 10, 2026, Judge Jed Rakoff of the United States District Court for the Southern District of New York ruled that certain AI-generated documents, created by an individual using an AI tool and then sent to that individual’s attorney in the context of ongoing litigation, were not protected by attorney-client privilege or the work product doctrine. While necessarily fact-specific, the ruling highlights the discovery risks that can be created when using AI outside the specific guidance of an attorney.