Outside Publication
Generative AI and the Challenge of Preserving Privilege in Discovery, Reuters
18. September 2025Partner Tara Lawler and associates Elizabeth Marie Gary and Bansri McCarthy co-authored an article for Reuters discussing the ways in which generative artificial intelligence (GenAI) tools are reshaping how electronically stored information is collected, reviewed, and produced in litigation and its impact on privilege.
The authors provide a primer on attorney-client privilege and the work-product doctrine, explain how GenAI tools do not yet give rise to privilege, and offer guidance for organizations that wish to use GenAI while preserving essential privilege protections in litigation.