Attorney-Client Privilege and Work Product in the AI Age: Divergent Court Rulings in the Eastern District of Michigan and Southern District of New York

Courts are increasingly faced with deciding whether information litigants share with public artificial intelligence (“AI”) services and the AI’s output (together, “AI materials”) can be attorney-client privileged or protected by the work product doctrine. Two recent decisions from the Eastern District of Michigan and Southern District of New York have reached opposite conclusions on the issue, highlighting that litigants and employers will increasingly need to take care to avoid potentially... By: Haynes Boone