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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

The Linet Americas court described the competing positions: The producing plaintiff, “Linet argues attachments to privileged emails that sought legal advice are also privileged as part of that communication, but it also says 29 of the 33 attachments have been or will be produced ‘as they exist independently of the privileged communications.’”