Beware of Your AI Queries; They May Not Be Protected When you are a party in a legal matter, sometimes the things you type into an LLM are protected and sometimes they are not. Sometimes, if you share privileged things with your AI-companion, those things are no longer privileged. It depends on what you shared, who you are, and why you shared it. In this article, the author discusses three recent cases that discuss what is discoverable. Three recent cases have addressed the use of large language models (LLM or colloquially referred to as “AI”) in litigation: Warner v. Gilbarco,…
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Delicate Balancing (and a Backbone) Required Rarely does a week pass in white collar and investigation or SEC-regulatory outside counsel life that an auditor or government enforcement attorney does not request some form of interim or final read-out or update. These requests for information can encompass investigative process and factual findings, lists of search terms, interview outlines, or similar investigative materials. However, this information, if provided, presents a very real risk of privilege waiver. This article encourages pushback against the “nobody else ever fights us on this” contention often heard from government enforcers and outside auditors wanting to “better understand”…