Worldwide: Privilege

The opposing party issues a subpoena to the AI platform to obtain their adversary’s “prompts” to the AI company, arguing their AI software is not an attorney and their opponents’ “prompts” to the software...

Artificial intelligence tools are transforming legal practice, but they come with significant risks that attorneys and clients must understand. A recent federal court decision found that using public AI chatbots may waive attorney-client privilege, while courts continue to sanction lawyers for AI-generated errors in filings. Learn what steps legal departments should take to protect privileged communications and maintain ethical standards when using AI technology.

Recent court decisions reveal conflicting approaches to whether communications with generative AI tools waive attorney-client privilege or work product protection, creating significant uncertainty for companies handling sensitive legal and proprietary information. Life sciences companies face heightened risks as they increasingly rely on AI tools while managing confidential clinical data, regulatory strategies, and intellectual property that may become subject to discovery in future litigation.

Formal board materials are the primary record of the actions directors approved or directed.

In In re FirstEnergy Corporation, the Sixth Circuit Court of Appeals overturned a district court order requiring FirstEnergy to produce to securities class action plaintiffs materials resulting...

Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, "Multidistrict Litigation," and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure...

Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its employees.

As explained in previous Privilege Points, courts frequently must decide which state's privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts...

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason...