Generative AI and Privilege: Continuing Developments
Generative AI is rapidly reshaping how legal professionals and litigants prepare for and navigate disputes, raising new and evolving questions about privilege, confidentiality, and discoverability. In a prior article, Liff, Walsh & Simmons attorney James E. Crossan explored these issues through United States v. Heppner, where a federal court found that materials created using AI and shared with counsel were not protected by the attorney-client privilege. Building on that foundation, recent decisions continue to highlight how courts are grappling with the intersection of generative AI and longstanding doctrines such as work product protection, reinforcing just how quickly this area of law is evolving.
At Liff, Walsh & Simmons, our litigation and legal ethics teams closely monitor these developments to help clients stay informed and prepared in an increasingly complex legal landscape. This month’s article, authored by Richard J. Berwanger, Jr., takes a closer look at two new federal cases (Warner v. Gilbarco, Inc. and Morgan v. V2X, Inc.,) and what they may signal for litigants using generative AI. As courts continue to define the boundaries of privilege and work product in this context, understanding these shifts is critical for anyone navigating modern litigation.
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