Compliance Stuff

The attorney-client privilege protects confidential communications between an organization and its attorney if those communications were made for the purpose of obtaining or providing legal advice . Organizations rely on this protection when handling legal matters ranging from investigations to everyday employment matters. But there are several ways that the attorney-client privilege can be lost . Below are suggestions for how to effectively communicate with your counsel in a manner that will help preserve the attorney-client privilege. Limit distribution . Make sure that any communications seeking legal advice are only sent to your in-house or external counsel and not to any third parties . If you include a third party or forward the email chain to them, you may be deemed to have waived the privilege for that communication and potentially others on the same topic. Do not record or create AI notes of your communications with counsel without their knowledge and take steps to ensure that...

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such technology in a way that discriminates against employees and job applicants based on protected characteristics is a substantive violation of California law. The California Civil Rights Department released new proposed regulations for employers’ use of AI and automated decision-making systems. The proposed regulations would affirm that employers’ use of such hiring technologies may violate the state’s antidiscrimination laws and clarify limits on the use of such technology in criminal background checks and medical/psychological inquiries. The proposed regulations would also clarify the scope of third-party liability arising from the use of AI tools. Written comments on the proposed regulations must be submitted by July 18, 2024. On May 17, 2024, the Civil Rights Council, a ...