AI and the Attorney-Client/Work Product Privileges

AI and the Attorney-Client/Work Product Privileges

This timely program examines how the rapid use of artificial intelligence is reshaping the attorney-client and work-product privileges in civil litigation. Through discussion of recent cases addressing whether AI-assisted searches, prompts, and generated materials may be protected, the webinar will identify practical privilege risks and preservation strategies. Attendees will gain a plaintiff-side perspective on best practices for client intake, representation agreements, discovery, and litigation communications, as well as a defense-side perspective on counseling organizational clients, developing AI-use policies, and protecting confidential information. The program will conclude with comments and an interactive Q&A addressing practical issues raised by attendees.

Welcome & Overview

• AI, Privilege, and the Courts: Analyze emerging decisions on whether AI searches, prompts, outputs, and related communications are protected by the attorney-client privilege or work-product doctrine.

• Plaintiff-Side Playbook: Learn practical strategies for using and managing AI during client intake, drafting engagement agreements, case investigation, discovery, and litigation—without jeopardizing confidentiality or privilege.

• Defense-Side Risk Management: Explore how defense counsel can advise individual and organizational clients on responsible AI use, internal policies, data security, preservation obligations, and privilege protection.

• Practical Takeaways and Live Q&A: Identify common AI-related privilege traps, develop actionable safeguards for your practice, and discuss attendee questions in an interactive closing session.

Faculty

Hunter Pyle

Hunter Pyle is the principal of Hunter Pyle Law, PC, an Oakland-based plaintiff-side employment law firm. For more than 25 years, he has represented California employees in wage-and-hour matters, discrimination, retaliation, wrongful-termination claims, representative actions, class actions, and other workplace disputes. Mr. Pyle is also a Lecturer at Berkeley Law, where he teaches California wage-and-hour law, and has authored employment-law practice-guide chapters for CEB, PLI, and West. He served on the negotiating team involved in the 2024 reforms to California’s Private Attorneys General Act (PAGA) and is a past chair of both the California Employment Lawyers Association’s Wage and Hour Committee and the Alameda County Bar Association’s Labor and Employment Committee.

Gabriel N. Rubin

Gabriel N. Rubin is a principal in the San Francisco office of Jackson Lewis P.C., where he represents and advises employers in a broad range of employment-law matters. With two decades of state and federal litigation experience, Mr. Rubin handles claims involving discrimination, harassment, retaliation, wrongful termination, wage-and-hour issues, and restrictive covenants. His practice includes counseling employers on preventive litigation strategies, workplace policies, compliance, employee-relations issues, and manager and supervisor training. Mr. Rubin has litigated matters through jury and bench trials, arbitrations, and dispositive-motion practice, and he earned his J.D. from Georgetown University Law Center.

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