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The Volokh Conspiracy · October 24, 2026 · On the brief until November 7, 2026

Some Communications by Rabbi Shmuley with AI Platforms May Be Discovered in Order to Determine Punitive Damages

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THE AI ANGLE
Generating content and storing discoverable user prompts

A federal magistrate judge granted discovery into a defendant's communications with AI platforms to evaluate intent for punitive damages. The ruling allows access to prompts used to generate statements about the plaintiff and its counsel. Corporate litigators face a precedent where private AI prompts can be compelled to show a party's state of mind.

Summary written by AI Business Lens with an AI model from the article at reason.com. It is not the article, and the publisher has not reviewed it. For publishers.

THE TEACHING ANGLE
Classes can explore whether prompting an AI to draft public statements creates discoverable evidence of intent or protected work product.

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