AI Meeting Recaps Pose New Discovery And Privilege Risks

Litigation counsel William Wright authored an article for Law360 titled “AI Meeting Recaps Pose New Discovery And Privilege Risks,” examining the growing ethical, discovery, and privilege risks associated with AI-generated meeting recaps, recordings, and transcripts.

The article explores how recent guidance from the New York City Bar Association’s Committee on Professional Ethics and emerging court rulings are shaping the legal and regulatory framework surrounding AI-generated content, including attorney obligations related to consent, technological competence, and confidentiality.

Wright outlines proactive measures for in-house teams to mitigate risk, such as establishing controls around AI meeting tools, updating litigation hold templates and custodian interview scripts, extending retention policies to AI-generated meeting content, and implementing approval workflows for third-party notetaking platforms.

Wright also cautions that a significant federal decision addressing AI meeting recaps as a privilege waiver or a spoliation issue could arrive sooner rather than later. “The frameworks governing AI meeting recaps must be updated now, before the first case arrives. By then, recaps will likely be ubiquitous, default retention periods will have run, and the operational choices your client wishes it had made will no longer be available.”