Your Employees Are Waiving Attorney-Client Privilege Without Knowing It
The Musk vs. OpenAI trial has drawn a lot of attention over the past few weeks, but there’s a quieter legal development that matters more to most organizations. In February 2026, a federal judge in New York issued the first ruling in the country to directly answer whether conversations with a consumer AI tool can be protected by attorney-client privilege. The answer was no, and the reasoning behind it has implications that extend well beyond the courtroom where it was decided.