We recently drafted an article that discussed court decisions that reached very different conclusions about how the attorney-client privilege and work product doctrine apply to materials submitted to and created by generative AI (GenAI) tools. A recent decision from the
On July 22, 2021, a federal court in Pennsylvania held that an investigative report created by Kroll (the “Kroll Report”), the defendant’s third party cybersecurity consultant, and related communications were not protected by privilege. The court found that the Kroll
On October 23, 2015, the Federal District Court in Minnesota upheld Target’s assertion that documents produced pursuant to an internal investigation of its 2013 security incident fell within the protections of the attorney-client privilege and work-product doctrine.