When AI Meets Privilege: Early Court Decisions, Global Relay Intelligence & Practice

Partner Scott Milner and of counsel Matthew Hamilton co-authored an article for Global Relay Intelligence & Practice discussing how early court decisions are shaping the treatment of attorney-client privilege and work-product protection when materials are generated or influenced by AI tools.

The authors examine two recent federal court decisions—United States v. Heppner and Warner v. Gilbarco—that address whether the use of consumer and enterprise AI platforms can waive privilege or undermine work-product claims. The article also outlines practical guidance for organizations, emphasizing the risks of consumer AI tools, the importance of counsel-directed use of enterprise systems, and the need for updated internal protocols to mitigate waiver and discovery exposure.

Read the full Global Relay Intelligence & Practice article >>