Insights & Events

Bloomberg Law published an article by Hollingsworth LLP attorneys Brett Clements and Anna Kutbay discussing why and how protective orders should address emerging technologies, like AI, and account for multijurisdictional production of sensitive documents.

Parties in litigation produce and receive production from sensitive sources while the proliferation of AI, privacy issues, and competitive intellectual property driven by technological advances demand greater safeguards. Additionally, parties in multijurisdictional litigation often find themselves producing significant numbers of sensitive documents across multiple state and federal courts. The article examines how to best tailor these protective orders to meet the challenges of technology and serial litigation, while highlighting recent case law on these salient issues.

As the authors explain, parties must address the interplay between federal and state cases, prioritizing consistency to maximize protection. Additionally, to combat the ever-changing use of technology in the legal field, parties should consider explicitly including safeguards against improper use of AI to review and assess produced documents. Finally, to maintain security even after litigation concludes, parties should detail data destruction guidelines in their orders requiring sensitive information to be destroyed or returned at the conclusion of litigation.

Reproduced with permission. Published September 10, 2026. Copyright 2026 Bloomberg Industry Group 800-372-1033.