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ARTICLE · 23 MARCH 2026

AI And Privilege: Lessons From A Recent Federal Court Decision

Davis+Gilbert LLP
Davis+Gilbert LLP
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Davis+Gilbert LLP

Davis+Gilbert LLP

Legal mastery is critical but not enough. Even the best legal strategies must work in tandem with...

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Generative AI tools are great for brainstorming, organizing thoughts, and sharpening ideas. But what happens when you disclose legal advice or strategy to an AI platform?

United StatesTechnology
Neal Klausner
Neal Klausner
Michael Lasky
Michael Lasky
Daniel T. Finnegan
Daniel T. Finnegan
William S. Kukin
William S. Kukin
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The Bottom Line

  • It is critical to understand how AI providers handle user data. Legal strategy shared with an AI platform that permits data retention and training may lose privilege protections.
  • Even enterprise-level AI platforms pose litigation risks. Businesses must establish clear policies and procedures for using AI tools and train employees to understand the risks posed by using AI platforms without legal guidance.
  • Any use of AI tools for legal analysis should be clearly tied to attorney oversight and direction to better support attorney-client privilege and work product protections.

Generative AI tools are great for brainstorming, organizing thoughts, and sharpening ideas. But what happens when you disclose legal advice or strategy to an AI platform?

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