Privilege and Generative AI: Function, Not Form

Privilege and Generative AI: Function, Not Form

Winona Chan sets out the fundamentals of legal privilege and how to protect it when using generative AI tools. Generative AI (GenAI) is now embedded in day-to-day business workflows, from drafting documents to analysing information and summarising meetings. For in-house legal teams, this raises a critical question: how can legal professional privilege be preserved when…

When AI Takes Notes: Protecting Privilege, Privacy, and Professional Obligations | Blank Rome LLP

When AI Takes Notes: Protecting Privilege, Privacy, and Professional Obligations | Blank Rome LLP

Introduction Artificial intelligence (“AI”) tools have rapidly proliferated across the modern workplace, fundamentally changing how attorneys and other professionals conduct business and communicate with each other. AI-enhanced notetaking applications are now commonplace in corporate offices and law firms alike. While these technologies may offer efficiencies, many organizations have adopted them without fully comprehending the significant…

Does attorney-client privilege extend to exchanges with AI platforms? U.S. courts offer mixed messages | Opinion

Does attorney-client privilege extend to exchanges with AI platforms? U.S. courts offer mixed messages | Opinion

The attorney-client privilege applies to communications between a client and his or her attorney that are intended to be, and in fact were, kept confidential for the purpose of obtaining or providing legal advice.” The attorney work product doctrine shelters the mental processes of the attorney, providing a privileged area within which he can analyze and…