E-Courts · 3 Jun 2026
Texas court shields a litigant's AI chat log from discovery
The Eleventh Division of the Texas Business Court held that a chat log of a non-lawyer litigant's exchanges with a generative AI tool, created in anticipation of litigation, is protected attorney work product under the Texas rules. Judge Grant Dorfman declined to follow United States v. Heppner, the February decision from the Southern District of New York that reached the opposite result on the federal standard, reasoning that the Texas rule is written differently and on its face reaches these conversations. The party must still disclose which discovery materials it fed into the tool, so the protection covers the conversation and not the documents behind it.
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