Litigation counsel William Wright and associate Kate Goldberg co-authored an article for Law360 titled “Your Next Litigation Hold Should Cover AI Chat Logs.”
The article examines recent court rulings that underscore the importance of preserving AI chat logs and prompts as part of litigation holds, noting that the duty to preserve this information begins when a party reasonably anticipates litigation, not just when a complaint is filed.
Wright and Goldberg offer proactive measures for in-house counsel, such as revising litigation hold memo templates, updating custodian interview scripts, and adding a module to annual compliance training. “Counsel tasked with preservation should make those changes now, identify which executives are using AI in ways that could become relevant, and treat those workflows as preservable electronically stored information from day one when a dispute starts to look real,” the authors assert.
For outside counsel, the authors recommend making an AI audit one of the first agenda items in a matter kickoff to identify “which tools are in use, by which custodians, on which devices, with which retention defaults and under what instructions.”
