Work Product Protection and the Disclosure of AI Tools in Discovery: Lessons from Morgan v. V2X (Part I)

Short summary

Morgan v. V2X, a March 2026 Colorado court decision, establishes that work product protections apply to pro se litigants using AI tools in litigation — the court ruled that disclosing specific AI tool choices reveals litigation strategy and remains protected from discovery. Using third-party AI platforms doesn't automatically waive confidentiality; the court analogized to email privacy precedents, finding AI users can reasonably expect privacy even when third parties process their data. This distinction matters for both individual litigants and companies protecting sensitive discovery materials from mainstream AI platforms.

• •Work product protections apply to pro se litigants using AI tools under Federal Rule 26(b)(3)
• •Specific AI tool selection reveals litigation strategy and can remain protected from discovery
• •Third-party AI platforms don't automatically compromise confidentiality — courts recognize reasonable privacy expectations

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