June 9, 2026
Foley Viewpoints
Texas Business Court Weighs In On Discoverability of AI Prompts
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The Texas Business Court has entered the growing national debate about whether conversations with AI tools like ChatGPT are discoverable, and it came down on the side of protection. In a minute entry filed June 3, 2026, Judge Grant Dorfman of the Eleventh Division ruled that a non-lawyer’s ChatGPT conversations, prepared in anticipation of litigation, can qualify as protected attorney work product under Texas procedural rules.