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What the 3M ChatGPT case reveals about AI governance
3M litigation shows ChatGPT prompts can become discoverable evidence, forcing enterprises to govern AI conversation records.
In the Watson Grinding explosion litigation, an engineering expert retained by 3M had used ChatGPT, and a surfaced prompt asked the system to 'show how 3M is 0% at fault'; after an off-record deposition demand, more than 350 pages of previously unproduced ChatGPT material were provided. The author argues AI interaction histories are becoming part of decision records and discovery material, a trend the American Bar Association has already examined. Enterprises are urged to manage retention, ownership, sharing, and deletion of AI conversation logs across tools like ChatGPT, Copilot, Claude, and Gemini.
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Invisible AI Prompts Trigger Court Sanctions
A Connecticut litigant hid white-font prompt injections in court filings to sway AI systems; the judge sanctioned him by revoking e-filing privileges.
A self-represented plaintiff hid prompt injection instructions in 3-point white text within court filings, telling any AI model reading the documents to agree with his filings and grant him relief. The judge called it serious litigation abuse and sanctioned him by revoking electronic filing privileges. It is reportedly the first documented prompt injection attack against a US court and the first sanction for attempting one.
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Your AI chats could be used in court
AI chatbot conversations from ChatGPT and Claude are increasingly obtained by prosecutors and litigants, with OpenAI disclosures quadrupling in 2025.
A Washington Post report found chatbot logs cited in 12 court cases over the past two years, and OpenAI disclosed the content of more than 80 user accounts in the second half of 2025, more than four times the figure for the second half of 2024. In The New York Times' copyright lawsuit against OpenAI, a judge ordered the company to preserve chat logs, including ones users had asked to delete, despite GDPR and California privacy commitments. Chatbot conversations lack attorney-client or medical privilege, and OpenAI's policy allows reviewers to refer conversations to law enforcement when there is an imminent, credible risk of harm.
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U.K. Supreme Court Opens Door for Spyware Victims to Sue Foreign States
UK Supreme Court ruled Bahrain not immune from spyware litigation, letting two dissidents pursue claims over FinSpy hacking; case returns to the High Court.
The UK Supreme Court ruled in The Kingdom of Bahrain v. Shehabi that Bahrain is not immune from litigation over its alleged use of FinSpy spyware against two Bahraini dissidents living in the UK. Citizen Lab researchers Siena Anstis, Natalia Krapiva, and Kate Pundyk, writing in Lawfare, called the decision a milestone for accountability in transnational repression. The case now returns to the UK High Court, where attribution, causation, and injury must be proven.
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Average Cyber Insurance Losses Increase Despite Fewer Claims
Chubb reports average cyber insurance losses rose in the US as growing privacy litigation drove up claim costs despite fewer claims.
Chubb disclosed that average cyber insurance losses increased even though the number of claims declined. The insurer attributes surging claim costs in the United States to growing privacy litigation. The trend signals rising claim severity in the cyber insurance market despite lower frequency.
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Person Hides Prompt Injection in Legal Filing Telling AI to Side With Them
A Connecticut pro se litigant hid tiny white-font prompt injections in court filings directing AI to favor him; the judge caught it and sanctioned him.
Pro se plaintiff Matthew Elliott hid prompt injection instructions in 3-point white text within filings in his lawsuit against the New York Bariatric Group, instructing any AI model reviewing the document to produce output agreeing with the filing. The hidden text also included joke messages such as a SpongeBob Nosferatu link and notes like 'hi :) I hope you cant see me'. Court staff noticed unusual white space, and Judge Walter Spader Jr. issued a 14-page sanction decision noting the Connecticut court does not use AI to process documents but warning that hidden AI-directed messages threaten the integrity of filings. Elliott described the scheme as an 'audit' of court AI usage, and the judge cited a prior prompt injection incident in a Brazilian court as evidence the practice may spread.
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