The Impact of Using Generative AI on Maintaining Privilege

Technology companies have raced to create AI-driven legal tools that bring both tremendous efficiency and great risk, resulting in a slew of sanctions rulings assessed against litigants relying on AI-fabricated legal citations. The impact of AI on privilege has not drawn as much attention. Can a party's exchanges with a generative AI platform during a litigation be protected under the attorney-client privilege or work product doctrine?...... By: Davis Wright Tremaine LLP