News & Analysis as of

Pro Se Litigants

Baker Botts L.L.P.

AI on Trial: Morgan v. V2X Draws New Lines on Work Product Protection and Confidentiality

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As artificial intelligence tools become ubiquitous in litigation, federal courts are increasingly confronting novel questions about how longstanding doctrines of work-product protection and confidentiality apply when parties...more

Fenwick & West LLP

Paschall: Tax Court Memorandum Holds that Staking Rewards are Taxable Income in Pro Se Case on Erroneous Stipulated Facts

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On June 4, 2026, the U.S. Tax Court released a memorandum decision in Paschall v. Commissioner addressing the federal tax treatment of staking, holding that there was taxation on staking rewards credited to Mr. Paschall’s...more

Troutman Pepper Locke

AI State Regulatory Frontiers: Emerging Issues on AI, Privilege, and Work Product in Legal Practice — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight’s “AI State Regulatory Frontiers” series, co-host Ashley Taylor is joined by colleagues Gene Fishel and Dan Waltz to examine how AI is reshaping expectations for attorneys, clients, and...more

NeLI

AI in Arbitration: How the AAA Is Transforming Access to Justice with Pro Se Growth

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50% year-over-year increase in self-represented party filings at the AAA. That's not a typo. And according to our latest guest, it's not a crisis — it's the best news the legal profession has had in decades. Bridget...more

Rumberger | Kirk

Sounding Right, Being Wrong: The Growing Threat of AI-Generated Court Pleadings

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Courts in Florida and across the country are grappling with a rapidly growing crisis: the submission of court filings produced with the assistance of generative artificial intelligence that cite nonexistent cases or cite...more

Fisher Phillips

Employer Checklist for June 2026

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Here are the top 10 workplace compliance items you should tackle in June 2026, based on the latest labor and employment law updates....more

Goldberg Segalla

AI Breathes New Life into Pro Se Claimants

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Artificial intelligence enables the DIY spirit. This is certainly clear in the realm of pro se litigants, who with Claude or ChatGPT as their “CoPilot”, can generate passable pleadings and motions, stipulations, and even...more

Bressler, Amery & Ross, P.C.

AI Again: The Warner and Morgan Courts Find a Pro-Se Party’s Conversations with AI are Protected by the Work-Product Doctrine in...

Last month, we wrote to inform you of the AI-related legal developments in U.S. v. Heppner, noting that it would serve as a foundational case for deciding AI-related issues in our ever-evolving modern legal landscape....more

Zelle  LLP

Litigant’s Use of Consumer AI Tools May Waive Attorney-Client Privilege

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In February 2026, two federal courts issued rulings that together illustrate the unsettled landscape of privilege and work-product protection for AI-generated materials in litigation. ...more

Fisher Phillips

Employer Playbook for Attacking AI Use in Pro Se Litigation: A Roundup of Recent Court Sanctions Against ChatGPT Plaintiffs

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Pro se litigants are increasingly using GenAI tools like ChatGPT, Claude, Perplexity, Gemini, or CoPilot to file and maintain lawsuits against their employers – and corporate counsel and defense attorneys need new tools to...more

McGinnis Lochridge

The Eason Report: Discoverability of AI Chats

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By now, most attorneys have certainly seen how AI can supplement one’s practice in any number of ways. But, what happens when AI is used against you? One trend I've encountered with striking regularity, sometimes daily, is...more

Carlton Fields

Florida Appeals Court Decisions Week of May 4 - 8, 2026

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U.S. Eleventh Circuit Court of Appeals - Fulton v. Fulton Cnty - en banc, vacating this prior opinion, Takings Clause, remedies - Alvarez v. Fed Detention Ctr - immigration, aliens, bond - Great Bowery v....more

Fisher Phillips

The ChatGPT Plaintiff Is Becoming a PEO Problem

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You may have heard about the rise of the “ChatGPT plaintiff,” the pro se litigant who decides to sue their employer without an attorney to assist them, believing that generative AI tools like ChatGPT, Claude, Perplexity,...more

Farrell Fritz, P.C.

Technical Difficulties Aren’t Enough: A Lesson from the Commercial Division

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Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default judgment is...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published March 2026

The U.S. Court of Appeals for the Fourth Circuit held that ERISA claims brought in the context of a defined contribution plan were individualized monetary claims, and thus certification under Rule 23(b)(1) was not appropriate...more

Mintz - Employment Viewpoints

Three Courts, No Consensus: The Evolving Privilege Landscape for GenAI-Generated Legal Materials

Three recent federal court decisions have created some uncertainty about whether materials created using generative AI tools are protected by attorney-client privilege or the work product doctrine. In United States v....more

Stark & Stark

Rosenblum Injunctions - A Remedy to Address Vexatious and Frivolous Filings by Pro Se Litigants

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Real estate disputes very often result in protracted and parallel litigation. Tax appeals result in further civil disputes. Foreclosure actions sometimes are followed by lengthy pro se chancery litigation. But when does an...more

EDRM - Electronic Discovery Reference Model

Deponent’s Use of A.I. to Answer Deposition Questions Barred; ChatGPT Was Not an Attorney

In Jones v. Delta Air Lines, Inc., 2026 WL 1091186 (E.D. Mich. Apr. 22, 2026), the court addressed the pro se deponent’s use of artificial intelligence during a deposition. It prohibited her use of ChatGPT to answer questions...more

Dentons

Federal Court Draws the Line on AI in the Courtroom: Disclose Your Tools or Face the Consequences

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A federal magistrate judge in Colorado partly granted a motion to tighten a protective order to address artificial intelligence in an ongoing case. The court directed the pro se plaintiff to disclose the name of any AI...more

Carlton Fields

Florida Appeals Court Decisions Week of April 20 - 24, 2026

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U.S. Eleventh Circuit Court of Appeals - Moore v. Cecil - First Amendment, defamation, political ad ... McLean v. Delta - employment, military discrimination... Chamaly v. Lampert - arbitration, employment, maritime...more

Baker Donelson

The Rise of AI-Assisted Pro Se Employment Litigation: What Employers Need to Know

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Pro se employment lawsuits are surging – and generative artificial intelligence (GAI) is quietly reshaping what those cases look like, how long they last, and how expensive they are to defend. Gone are the days of nonsensical...more

Orrick, Herrington & Sutcliffe LLP

Court rejects consumer’s bid to vacate state court judgment, allows one FDCPA claim

On March 18, the U.S. District Court for the Eastern District of Michigan granted in part and denied in part motions to dismiss a pro se consumer’s complaint alleging that a credit union and a law firm violated federal debt...more

Association of Certified E-Discovery...

AI, Work Product, and the Protective Order Problem: What Morgan v. V2X, Inc. Means for Every Litigator

On March 30, 2026, Magistrate Judge Maritza Dominguez Braswell of the District of Colorado issued a ruling in Morgan v. V2X, Inc. that is the most consequential AI-in-litigation decision we have seen yet. Originally...more

Husch Blackwell LLP

AI-Assisted Pro Se Litigation: Who Pays the Price?

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In January 2024, Plaintiff Graciela Dela Torre settled her long-term disability claim with Nippon Life Insurance Company (Nippon) and dismissed her case with prejudice. Later, Plaintiff Dela Torre questioned her settlement....more

DarrowEverett LLP

Are AI Tools Practicing Law? Courts Are Starting to Weigh In

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In February, the internet was abuzz with commentary regarding a decision of the United States District Court for the Southern District of New York that treated a criminal defendant’s “chat” with a popular AI as a waiver of...more

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