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20 March 2026
Issue: 8154 / Categories: Legal News , Artificial intelligence , Privilege , Technology
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NLJ this week: AI privilege battles expose risks

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Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost

In one case, documents created using an AI tool were not protected because there was ‘no reasonable expectation of confidentiality’; in another, protection survived as disclosure was not to an adversary.

The analysis underscores a key risk: using public AI tools may amount to publishing information ‘to all the world’.

English courts are likely to take a similarly fact-specific approach, focusing on privacy expectations and tool settings. The warning is blunt—AI is ‘different’, and without careful governance, organisations may inadvertently waive privilege.

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
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Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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