Litigators now face a question that didn't exist five years ago: are the prompts a party types into ChatGPT while building a case discoverable by the other side? Within two days this June, courts in Texas and New York answered for the first time, and both sided with protection.

In a decision issued on June 3, 2026 in Tate Group Automotive, LLC v. Legacy Automotive Capital (LLC), Judge Grant Dorfman of the Texas Business Court, Eleventh Division, decided that ChatGPT chats of Kris Tate, who is the principal of the business but not an attorney, fell under........

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