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NLJ this week: Legal privilege in the era of gen AI

29 November 2024
Issue: 8096 / Categories: Legal News , Artificial intelligence , Privilege , Procedure & practice , Technology
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How does legal privilege apply to the use of generative artificial intelligence (gen AI) by lawyers? In this week’s NLJ, Olivia Dhein, knowledge lawyer at RPC, and Ben Roe, lead knowledge lawyer at Baker McKenzie, highlight some overlooked risks and consider various workplace scenarios.

The authors set out the opposing schools of thought on working papers, suggesting a cautious approach, and address the complex issue of ownership of the client file. As well as exploring practical considerations, they discuss how the law of privilege may need to evolve.

Dhein and Roe write: ‘New types of documents are being created—both user prompts and AI responses—which are not catered for under the existing law of privilege.’ 

MOVERS & SHAKERS

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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