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July 17, 2026

Work product privilege doesn't protect AI docs created by girlfriend

As artificial intelligence continues to shape the practice of law, traditional work product principles remain the foundation.

Day Pitney Litigation Partner Jonathan Handler was featured in Massachusetts Lawyers Weekly discussing a Massachusetts Business Litigation Session decision involving ChatGPT-generated materials and the work product doctrine. Handler explains that, despite the focus on AI, the case boiled down to the application of traditional work product principles and an issue of first impression: whether a romantic partner could be considered a party's representative under the work product doctrine. As Handler notes, "We always think of this as the 'attorney work product doctrine,' but it's not. It doesn't have to involve an attorney."

Read the full article here.

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Jonathan I. Handler
Jonathan I. Handler
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Boston, MA
| (617) 345-4734

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