Remove Discovery Remove Precedent Remove Privileged Communication
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When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

Complex Discovery

Altman emphasized the distinction between AI interactions and privileged communications, highlighting the risk that such digital exchanges may become court evidence. Each interaction with ChatGPT, including sensitive legal queries, is digitally recorded, potentially accessible through subpoenas.

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The “Part and Parcel” Principle

E-Discovery LLC

Many thanks to Doug Austin for Responsive Nonprivileged Documents Attached to a Privileged Communication Must Be Produced (Jan. Dougs excellent blog points out that the court held that non-privileged children of a privileged parent must be produced; however, they need not be produced with the parent.

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“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

E-Discovery LLC

For example, if a client sends a privileged email to counsel seeking legal advice, and attaches several files, neither the email nor the attached files need to be produced in discovery. Sunshine, “The Part & Parcel Principle: Applying the Attorney-Client Privilege to Email Attachments,” 8 J. But, there are major caveats.