In a first of its kind ruling, a Judge in the U.S. District for the Southern District of New York held that documents that a ...

Opinion: For attorneys incorporating AI into their practice, the opinion in Heppner provides a roadmap for potentially protecting privilege, but one that requires intentional, measured construction.

Judge Rakoff ruled that AI-generated information is not protected by attorney-client privilege if created independently by a ...

A recent decision from Judge Jed S. Rakoff of the Southern District of New York marks a watershed moment in the legal profession’s ...

Hoi-Yee Roper, Stacie Bourton, Andrew Waters and Katherine Harper discuss some of the developments in legal professional privilege and provide practical tips.

Since the elimination of general federal common law in 1938,1 federal courts have sought to avoid the specter of “two conflicting systems of law controlling the primary activity of citizens.”2 But ...

If a lawyer is a defendant to a lawsuit and their defense primarily rests on privileged information, what the lawyer is permitted to disclose often depends on what the lawyer is accused of and by whom ...

Heppner holds that consumer AI use can destroy privilege; Warner holds that AI-assisted drafting is protected work product. Both were decided in the same week. Both may be correct on their own facts.

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law. “The ...