A Unique A.I. Protective Order

A stipulated AI Protective Order in Dean & Deluca Brands, Inc. v. Fire Brands Innovation, LLC, 2026 WL 2905875 (S.D.N.Y.  Sep. 29, 2026)(emphasis added), stated:

A producing Party may utilize technology-assisted review, predictive coding, generative artificial intelligence, analytics, keyword searching, clustering, email threading, concept searching, active learning, or other automated or algorithmic tools in connection with the collection, processing, search, review, redaction, privilege review, or production of documents and ESI. The producing Party shall have sole discretion regarding the selection, configuration, implementation, and use of such tools and methodologies. No producing Party shall be required to disclose the identity, version, prompts, workflows, training materials, validation procedures, review protocols, quality control measures, precision rates, recall rates, elusion testing, or other details concerning the use of such tools absent a showing of good cause by the receiving Party or an order of the Court. The use of such technologies shall not, by itself, provide a basis for challenging the adequacy of a Party’s collection, review, privilege determinations, or production.

By comparison, please see Three More A.I. Protective Orders (Oct. 9, 2026), and the posts listed therein.