On Feb. 10, 2026, the U.S. District Court for the Southern District of New York held that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. The decision has important implications as clients and nonlawyers increasingly use generative AI tools to assess legal risk, despite disclaimers by AI companies that their tools do not provide legal advice. Use of public AI tools creates significant privilege risks because these tools often lack confidentiality protections and are typically not used under counsel’s direction.
