Morgan v. V2X

We have a new AI + pro se litigants case: Morgan v. V2X, Inc., Case No. 25-CV-1991, 2026 WL 864223 (D. Col. March 30, 2026).

Defendant took issue with Plaintiff's use of public / consumer-facing generative AI tools and particularly that Plaintiff was likely uploading Defendant's confidential information into these programs.

Ultimately, the Court landed on adding this language to the parties' existing protective order:

No party or authorized recipient may input, upload, or submit CONFIDENTIAL Information into any modern artificial intelligence platform, including any generative, analytical, or large language model-based tool (“AI”), unless the AI provider is contractually prohibited from: (1) storing or using inputs to train or improve its model; and (2) disclosing inputs to any third party except where such disclosure is essential to facilitating delivery of the service. Where disclosure to a third party is essential to service delivery, any such third party shall be bound by obligations no less protective than those required by this Order. In addition, the AI provider must contractually afford the party or authorized recipient the ability to remove or delete all CONFIDENTIAL information upon request. A party intending to use AI that it contends meets these requirements must retain written documentation of these contractual
protections.

I like this language because it acknowledges the digital and AI systems we've all been using for some time to assist in litigation (eDiscovery platforms, email, legal research tools), and excludes them from the order.

I also appreciate this Court's acknowledgement that "this provision will . . . bar the parties from using most, if not all mainstream low-to-no-cost AI to process Confidential Information," which inherently "disadvantages pro se litigants."

However, "the real risks associated with mainstream tools that persistently collect and store data" overrode that policy aspect.

And, the Court expressly stated that pro se litigants can use "[m]odern AI tools . . . in many ways that do not involve uploading Confidential Information."

I think pro se litigation will continue to supply us with decisions addressing these issues. I look forward to seeing more courts tackling these issues.