What Happens in ChatGPT Doesn’t Stay in ChatGPT: Privilege and Discovery Risks in the Age of AI

Generative AI tools are now part of the everyday workflow inside many organizations, whether legal teams have fully accounted for that reality or not. Employees are using tools like ChatGPT to draft, summarize, research, and troubleshoot, while opposing counsel are becoming more sophisticated in seeking AI-related records in discovery. For both corporate and litigation-focused in-house counsel, the risks are no longer hypothetical. Questions around discoverability, privilege, retention, preservation, and internal use policies are becoming more urgent as AI-generated content becomes embedded in day-to-day business activity. Join us on Wednesday, April 29 at 12:00 PM ET / 9:00 AM PT as Brendan Palfreyman, Partner at Harris Beach Murtha and leader of the firm’s Artificial Intelligence Practice Group, and Gina Fornario, Litigation and Employment attorney at Louis Vuitton, explore the discovery, privilege, and governance issues in-house counsel need to be thinking about now. This practical session will examine how courts are beginning to approach AI-related records, where internal AI use can create exposure, and what legal departments can do today to strengthen policy, training, and litigation readiness. Key Takeaways: Why employee prompts and outputs in generative AI tools may be treated as discoverable ESI What recent court decisions and developments suggest about preservation obligations and AI-related records How privilege and work product protections may apply, and where AI-assisted legal work can create risk Why the “shadow counsel” problem can create significant exposure when employees turn to AI instead of the legal department How consumer and enterprise AI accounts differ from a retention, governance, and discovery perspective4 Practical guidance for litigation holds, collection, production, and internal AI policy updates Who Should Attend: This program is designed for in-house counsel across functions, including litigators, commercial counsel, employment counsel, compliance counsel, privacy counsel, legal operations professionals, and legal department leaders responsible for managing AI risk, information governance, and dispute readiness. There is NO COST to attend this program! This program is FREE, thanks to our gracious sponsor, Harris Beach Murtha! If you can’t make it to the live program, the recording will be available for viewing via our paid CLE library, In-House Connect On-Demand!