Defensible Decisions: Attorney-Client Privilege and the AI Record-Creation Problem

In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) turn to the input side of AI risk, examining what happens when employees, managers, and executives enter sensitive information into AI systems. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren discuss why AI interactions on company platforms are discoverable records rather than private conversations, including how multi-turn chat logs can document a manager’s intent and create pretext evidence in employment litigation. The speakers walk through real-world examples of employee misuse and explain why employers need enterprise-level monitoring, governance policies, and privilege-protected bias testing before a plaintiff’s counsel does it for them.