Please join us for a Structured Chatham House Rule Discussion on Legal Privilege and AI, taking place virtually on Wednesday, May 20, from 3:00 – 4:00 PM ET.
As previously reported, recent federal court decisions have begun to apply traditional privilege and work product doctrines to generative AI, reaching different outcomes based on specific facts. These early rulings highlight how factors such as confidentiality, attorney involvement, and the terms governing AI tools may determine whether privilege is preserved or lost.
This Chatham House Rule program, facilitated by Takayuki Ono and David Gordon, Partners at Sidley Austin, will include a presentation with structured discussion focused on practical “lessons learned” for in-house and outside counsel, corporate secretaries, and other governance professionals. Discussion topics will include:
- When and how privilege may apply in an AI context
- How AI platform terms, data practices, and “tool vs. third party” characterizations affect confidentiality
- The role of counsel direction in preserving privilege and work product protection
- Risks of discoverability of AI prompts, outputs, and related materials
- Practical governance considerations, including tool selection, internal policies, and training
This session is part of our ongoing AI-focused discussion series and broader initiative. While certain sessions are limited to in-house governance professionals, this particular session is open to in-house and outside counsel, corporate secretaries, and other governance professionals and advisors.