This session will feature two presentations centered around AI strategy: 

• Your AI Knows Too Much: Privilege, Confidentiality, and the New Discovery Frontier
• Beyond Hallucinations: What ABA Opinion 512 Really Means for AI & Law Librarians

Your AI Knows Too Much: Privilege, Confidentiality, and the New Discovery Frontier

When a federal judge ruled that a defendant's generative AI prompts and outputs were neither privileged nor protected work product, a new era of privilege risk was born. This session examines the emerging and rapidly diverging case law on attorney-client privilege and work product protection in the age of AI, with a focus on what law librarians need to know to support their students, attorneys, and other stakeholders. Drawing from United States v. Heppner (S.D.N.Y.), Warner v. Gilbarco (E.D. Mich.), and Conservation Law Foundation v. Shell Oil (D. Conn.), we’ll explore how platform terms of service can destroy confidentiality and why privilege and work product doctrine diverge for AI-generated materials. Whether you are curating AI research tools, advising on information governance, or fielding questions about safe AI use, this session will equip you with the doctrinal grounding and practical frameworks to navigate the new landscape confidently.

TARGET AUDIENCE:

All law librarians involved in risk assessment 

TAKEAWAYS:

1. Attendees will gain practical insight into how enterprise versus consumer AI platforms affect privilege analysis
2. Understand  the implications for everyday tools like Gmail
3. Recognize governance protocols that organizations should implement to safeguard confidentiality. 

SPEAKER:

• Cindy Guyer, Practice Innovation Attorney, Foley & Lardner LLP

AALL BODY OF KNOWLEDGE DOMAINS: Information Management

Beyond Hallucinations: What ABA Opinion 512 Really Means for AI & Law Librarians

ABA Formal Opinion 512 laid out the rules of the road for AI in law — and the guardrails go a lot further than "make sure it doesn't hallucinate." Confidentiality risks, fee transparency, supervision gaps: the ethical exposure is real, with major consequences for violations. This session provides law librarians with a practical map for understanding the Rules and bringing them into classrooms, training programs, and their day-to-day work.

TARGET AUDIENCE:

All law librarians involved in vetting AI and/or training users to work with GenAI products.

TAKEAWAYS:

1. Identify the Model Rules implicated by AI use in legal practice and law libraries beyond competence, including confidentiality, fees, and supervisory responsibility.
2. Apply the framework of ABA Formal Opinion 512 to real-world AI use scenarios to spot potential ethical violations.
3. Explore instructional content or training materials that help law students and practitioners navigate AI ethics under the Rules.

SPEAKER:

• Deborah Ginsberg, Manager of Emerging Technologies, Harvard Law School Library

AALL BODY OF KNOWLEDGE DOMAINS: Professionalism + Leadership At Every Level, Teaching + Training