header-logo header-logo

20 March 2026
Issue: 8154 / Categories: Legal News , Artificial intelligence , Privilege , Technology
printer mail-detail

NLJ this week: AI privilege battles expose risks

244934
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost

In one case, documents created using an AI tool were not protected because there was ‘no reasonable expectation of confidentiality’; in another, protection survived as disclosure was not to an adversary.

The analysis underscores a key risk: using public AI tools may amount to publishing information ‘to all the world’.

English courts are likely to take a similarly fact-specific approach, focusing on privacy expectations and tool settings. The warning is blunt—AI is ‘different’, and without careful governance, organisations may inadvertently waive privilege.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll