MANHATTAN (LN) — U.S. Magistrate Judge Valerie Figueredo on Wednesday approved a detailed protective order in the Swiss Re American Holding Corporation securities class action that bars parties from uploading discovery materials to AI platforms without a written agreement and specific security certifications.
The order, filed May 13, 2026, in Case No. 1:25-cv-01403, requires any party wishing to use a large language model or AI platform to verify that the tool does not retain, train on, or incorporate the produced data to improve any AI model.
The protective order mandates that any AI platform used must operate within a closed, private, secure universe and maintain data isolation to prevent commingling across users or organizations.
The order lists specific technical requirements for approved platforms, including AES-256 encryption at rest, TLS 1.2 or higher in transit, and SOC2 compliance.
The platforms must also maintain ISO/IEC 27001, 27017, 27018, and 27701 certifications and keep data only on servers located in the United States.
The order explicitly names Relativity’s aiR Platform and WestLaw’s CoCounsel as acceptable industry-standard tools, provided the data is not used to train AI systems.
Any LLM or AI models, inputs, and outputs developed using discovery materials are deemed confidential and must be deleted at the conclusion of the litigation.
The order also includes standard provisions for handling privileged information under Federal Rule of Evidence 502 and requires the return or destruction of confidential information within 45 days of final judgment no longer subject to further appeal.
The case involves plaintiffs Nia Rudasill, Eileen Gillis, Michael Schlem, and Robert Vuoto, who are suing Swiss Re American Holding Corporation and various defendants on behalf of the Swiss Re Group U.S. Employees’ Savings Plan.