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New Generative AI Court Ruling Puts HR on Notice: What to Know Now

February 24, 2026 · HR Morning

  • A federal court ruled that documents created with generative AI and later shared with counsel were not protected by attorney-client privilege.

  • The decision cited three factors: no attorney-to-client communication, platform privacy terms that undercut confidentiality, and voluntary reliance on a tool that disclaimed legal advice.

  • HR leaders should revisit AI usage policies and investigation practices to reduce legal and communication risk.