Litigation Notes

Commercial litigation podcast series – Episode 36: General update

High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications

US courts find privilege applies to use of public AI tools by self-represented litigants

Litigation developments: England and Wales – Quarterly update

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

Using AI in disclosure: A roundtable discussion

Andrew Moir of HSF Kramer comments on the evolving role of AI and GenAI in the disclosure context.

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.

Civil Justice Council publishes consultation on use of AI for preparing court documents

UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms

Navigating legal privilege issues when using AI

Getty fails in the UK courts in its (secondary) copyright infringement claims against Stability AI's image generating AI

The decision is not a complete answer to the AI/IP conundrum, but nevertheless helps inform what won't work for a claim in copyright infringement.

AI and fake citations: A challenge for lawyers, regulators and the courts