Companies who permit employees to use AI notetaker tools will want to take note of this one:
On February 10, 2026, Judge Rakoff, a Federal District Court Judge for the Southern District of New York, held that documents prepared by a defendant using a commercial AI tool were not protected by the attorney-client privilege or as attorney work product. Judge Rakoff noted that the documents were not prepared at the direction of counsel and that the terms of use for the AI tool itself stated that any information input into the tool was not confidential.
Separately, but relatedly, employees may regularly be creating documentation that will be discoverable in future litigation when using AI notetakers in meetings. Notetakers do not differentiate between information that is meant to be public and private, nor do they know when to stop listening, instead taking notes on whatever is said during those meetings. Any transcripts, emails or other documents then created by those notetakers would be discoverable in future litigation.
At a minimum, employers need to understand what data is being captured by AI and AI notetaker tools, who has access to any recordings and documents and output from the tools, how long it is retained in company systems, and make sure that such notes are reviewed for accuracy, to minimize legal and compliance risks.