“How A 1947 Tugboat Ruling May Shape Work Product In AI Era,” written by Larry Silver and legal assistant Sasha Burton, was featured in Law360 on January 21, 2026.
The article discusses the implications of the U.S. Supreme Court’s historic decision in Hickman v. Taylor, which continue to influence discovery law while raising new questions in the era of generative artificial intelligence. The Supreme Court’s articulation of the work-product doctrine remains central to modern litigation, shaping practice in contexts ranging from internal investigations to complex e-discovery.
To learn about the 1947 tugboat ruling, and to understand how courts may resolve issues surrounding the usage of generative artificial intelligence under the context of the work-product doctrine, which arose not from technology but from a maritime incident on Philadelphia’s Delaware River, please click on the following link.