Are Your Conversations With Claude Discoverable?

The New Normal: AI in the Legal Practice

Artificial intelligence (“AI”) has become part of the modern patent litigation workflow for many attorneys.¹ It can be used to assist with various tasks such as summarizing technical documents, organizing discovery, identifying prior art, analyzing claim language, assisting in drafting expert reports, finding case law for briefs, and filtering through massive document productions for relevant information and/or document review projects. Many users have chosen their preferred AI platform, becoming familiar with its capabilities, limitations, and how to tailor their prompts to obtain the most useful results. Some of the heavy hitter AI models include “Harvey,” Anthropic’s “Claude,” Google’s “Gemini,” and of course, OpenAI’s “ChatGPT.”² Many law firms have also partnered with AI providers to develop enterprise platforms that incorporate enhanced security measures, including encryption, contractual confidentiality protections, and restrictions on