AI, eDiscovery, and Privilege: The Train Tracks That Are Now Colliding

Short summary

Four 2026 federal court decisions establish how attorney-client privilege and work product protection apply to AI-generated materials in litigation. Courts distinguish between public AI platforms that may train on data and secure systems, requiring contractual safeguards for confidential information. The legal framework is evolving rapidly as courts create precedent.

• •Courts recognize AI tools as tools, not persons—using them doesn't automatically waive privilege or work product protection
• •Public AI platforms present legal risk; required safeguards include prohibitions on model training, disclosure restrictions, and data deletion rights
• •Attorneys must evaluate AI tools' contractual terms before using them on confidential discovery materials

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