Protecting Privilege in the AI Era

On October 7, Skadden hosted the webinar “Protecting Privilege in the AI Era.” Speakers included white collar defense and investigations partner Margot Sève (New York) and counsel Vanessa McGoldrick (London), antitrust/competition partners Mike Menitove (New York) and Julia York (Washington, D.C.), and litigation partner Tansy Woan (New York). The panelists explored how the increased use of AI in legal and business workflows may impact attorney-client privilege, work-product protection and discovery obligations. They also discussed the extent to which AI-generated research, prompts and outputs may qualify for attorney-client privilege or work-product protection; emerging court rules and disclosure requirements governing AI use; discovery, preservation and document retention considerations; and practical steps companies can take to protect privileged and confidential information.