Brian Hengesbaugh, a partner in Baker McKenzie’s Commercial Practice Group, was recently featured in Law.com’s Legaltech News in an article examining a landmark US federal court ruling addressing the risks of using open generative AI systems in legal matters. The article explores how emerging AI tools intersect with long standing principles of attorney client privilege and confidentiality.
In the piece, Brian provides insight into a decision by US District Judge Jed S. Rakoff of the Southern District of New York, who ruled that documents generated by a criminal defendant using an open AI platform were not protected by attorney client privilege. The court emphasized that users of publicly available AI systems generally lack a reasonable expectation of confidentiality because those platforms may collect, retain, and share user data under their terms of service.
Brian underscored that this conclusion should not come as a surprise to attorneys advising clients on technology use. He noted that open AI platforms clearly disclose their data handling practices and that non lawyers, in particular, may underestimate how widely their information can be shared when using such tools. As Brian explained, many people have become accustomed to interacting with technology in ways that feel private, even when they are not.
As generative AI becomes increasingly integrated into business and legal workflows, Brian’s insights underscore the need for clear guidance, informed decision making, and thoughtful governance to protect sensitive information.
Subscribers can read the full article here: ‘No Brainer’: Attorneys See Risks of Open Gen AI Systems in Claude Privilege Ruling | Law.com
About Baker McKenzie’s Artificial Intelligence Practice
Baker McKenzie’s Artificial Intelligence Practice helps clients navigate the rapidly evolving legal, regulatory and commercial challenges posed by AI and advanced technologies. Drawing on deep experience across data privacy, intellectual property, cybersecurity, employment, compliance and regulatory law, our multidisciplinary team advises organizations at every stage of the AI lifecycle, from development and deployment to governance, risk management and dispute resolution.
In the piece, Brian provides insight into a decision by US District Judge Jed S. Rakoff of the Southern District of New York, who ruled that documents generated by a criminal defendant using an open AI platform were not protected by attorney client privilege. The court emphasized that users of publicly available AI systems generally lack a reasonable expectation of confidentiality because those platforms may collect, retain, and share user data under their terms of service.
Brian underscored that this conclusion should not come as a surprise to attorneys advising clients on technology use. He noted that open AI platforms clearly disclose their data handling practices and that non lawyers, in particular, may underestimate how widely their information can be shared when using such tools. As Brian explained, many people have become accustomed to interacting with technology in ways that feel private, even when they are not.
As generative AI becomes increasingly integrated into business and legal workflows, Brian’s insights underscore the need for clear guidance, informed decision making, and thoughtful governance to protect sensitive information.
Subscribers can read the full article here: ‘No Brainer’: Attorneys See Risks of Open Gen AI Systems in Claude Privilege Ruling | Law.com
About Baker McKenzie’s Artificial Intelligence Practice
Baker McKenzie’s Artificial Intelligence Practice helps clients navigate the rapidly evolving legal, regulatory and commercial challenges posed by AI and advanced technologies. Drawing on deep experience across data privacy, intellectual property, cybersecurity, employment, compliance and regulatory law, our multidisciplinary team advises organizations at every stage of the AI lifecycle, from development and deployment to governance, risk management and dispute resolution.
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