Companies should consider the circumstances in which AI-enabled tools are utilized with respect to privileged or contentious matters

Legal privilege protects certain communications surrounding a crisis from being disclosed to investigators or in litigation. Taking steps to preserve privilege requires in-depth local knowledge and advice from counsel, as the privilege rules vary between jurisdictions and are subject to changes over time.

As AI tools become more prevalent, companies should also consider the circumstances in which AI-enabled tools are utilized with respect to privileged or contentious matters, which may be subject to discovery requests in the context of litigation.

While legal privilege is not absolute, particular care and diligence should be taken in making any communications to avoid mischaracterization.

This chapter provides an overview of the privilege regimes in various jurisdictions, as well as specific guidance for maximizing protection of documents and information from disclosure in those jurisdictions when facing a fast-moving crisis.