Considerations for using AI in Light of Morgan v. V2X - A Whitepaper

This whitepaper examines the sweeping implications of Morgan v. V2X, Inc. — a landmark 2026 decision addressing the discoverability and privilege status of generative AI data — and makes the case that defensible discovery now demands the same rigorous preparation as a major court appearance.

Drawing on eleven cross-disciplinary governance frameworks and a detailed AI-augmented quality control workflow designed to satisfy the "reasonable steps" standard under FRE 502(b), the paper equips in-house counsel and outside litigators with the architecture they need to negotiate discovery protocols with authority, protect privilege designations at scale, and construct the evidentiary record on their own terms. 

In an era when enterprise data is generated, stored, and processed across platforms, including cloud-native environments and messaging systems, the Rule 26(f) meet-and-confer has evolved from a scheduling formality into a defining strategic event of the entire evidentiary lifecycle.

Highlights include: