Pratt’s Privacy & Cybersecurity Law Report Publishes Article by Lynn Kappelman and Jeanette Piaget on Discoverability Risks of AI Legal Research

Pratt’s Privacy & Cybersecurity Law Report featured an article by Seyfarth Trials practice co-chair Lynn Kappelman and associate Jeanette Piaget, “AI Research Conducted By In-House Attorneys and Non-Attorneys May Be Discoverable.” The piece, published in May 2026, examines how courts are increasingly scrutinizing the use of artificial intelligence in litigation-related research.

The article analyzes a recent decision from the US District Court for the Southern District of New York holding that AI-generated research prompts and responses may not be protected by attorney-client privilege or the work product doctrine. The authors highlight how routine use of publicly accessible AI tools can expose sensitive legal strategy to discovery and create unforeseen litigation risks for both in-house counsel and their organizations.

Kappelman and Piaget caution:

“There can be no reasonable expectation of confidentiality when a non-attorney uses publicly accessible AI software and the output of such a search is not protected by the attorney-client privilege.”

The full article is available here (subscription required).