Litigation Notes

Cross-examining AI – Episode 1: Civil Justice Council AI consultation and latest developments in AI and privilege

France introduces confidentiality protection for legal opinions prepared by in-house lawyers

The move is a significant shift in the country's legal landscape.

High Court finds company could not assert privilege against former director over legal advice she had seen at the time

Upper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege

New York court finds client chats with generative AI tool Claude are not privileged

The decision contains important lessons, but the analysis may not be identical under English law.