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ARTICLE · 21 MAY 2026

Preserving AI-Generated ESI In Anticipation Of Litigation

K&L Gates
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Organizations and their counsel must understand which GenAI tools employees use (approved and informal) and for what purposes, what data each tool retains, where that data resides, and how long it remains available, including any applicable vendor retention practices.

United StatesLitigation, Mediation & Arbitration
Julie Anne Halter
Julie Anne Halter

What You Need To Know In A Minute Or Less

As use of generative artificial intelligence (GenAI) tools in operations grows, organizations are creating new types of electronically stored information (ESI). Prior Litigation Minutes published by the firm covered whether AI-generated content is discoverable and whether GenAI interactions may be protected by the attorney-client privilege or work-product doctrine.1 Equally important is what steps organizations should take to retain and preserve GenAI ESI for litigation or compliance purposes.

Understanding Your GenAI ESI

Organizations and their counsel must understand which GenAI tools employees use (approved and informal) and for what purposes, what data each tool retains, where that data resides, and how long it remains available, including any applicable vendor retention practices.

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