Compliance Stuff

If you or your employees use ChatGPT or other generative artificial intelligence to help during a lawsuit, a re the AI chat histories and other archived data fair game during discovery, or are they protected by the attorney-client privilege or work-product doctrine? As the use of GenAI tools expands into business operations and transforms employment litigation, more courts are beginning to address this critical question. We’ll cover two recent federal court decisions that reached nearly opposite conclusions and offer five practical takeaways for employers. Quick Background During the discovery phase of a lawsuit, the parties are required to collect and exchange evidence, including electronically stored information (ESI) to understand the facts of the case. However, discovery requests are limited by relevance, proportionality, and other rules, and certain materials and communications are protected. For example: The  attorney-client privilege  shields certain communications fro...

Image: Ralph Losey with AI. [ EDRM Editor’s Note: EDRM is proud to publish Ralph Losey’s advocacy and analysis. The opinions and positions are Ralph Losey’s copyrighted work. All images in the article are by Ralph Losey using AI. This article is published here with permission.] Artificial intelligence has moved from novelty to necessity in law. It now drafts briefs, reviews discovery, and even suggests courtroom arguments. But most lawyers still struggle to use it wisely. Instead of another citation-heavy lecture or dour ethics outline, I’ve chosen a different method: comedy. These three skits are not abstract hypotheticals—they’re exaggerated but recognizable scenes where a lawyer leans on a “helpful” robot and things start to wobble. Robot Laurel and human Hardy telling jokes. All images and videos by Ralph Losey using AI.  Click for YouTube video. Here’s the twist: the comedy wasn’t mine. It came from GPT-5, the latest large language model whose humor engine is far better than i...