B. Stephanie Siegmann and Mackenzie C. McBurney recently detailed in Reuters Legal News that, as generative AI tools such as ChatGPT, Claude, and Copilot become common workplace resources, organizations and individuals should be aware that AI can pose significant risks.
The convenience is undeniable, but AI chats or AI-generated outputs could become trial exhibits in litigation, exposing businesses to substantial liability exposure. Prompts entered into AI platforms may be discoverable, accessible to law enforcement, or could even waive the attorney-client privilege. It is therefore essential that employees think before they prompt and that organizations take steps to mitigate the increasing confidentiality and discovery risks. AI notetakers also present similar challenges for organizations, ranging from confidentiality concerns to the creation of a discovery minefield. As a result, organizations should act now to ensure that they have effective AI governance policies to address the evolving landscape.
