Jason Stavely Featured in SHRM Article About Workplace Use of AI and Attorney-Client Privilege
Jason Stavely, a Quarles & Brady partner in the Labor & Employment Practice Group, provided insights for a SHRM article examining the legal risks associated with artificial intelligence (AI) tools, including how their use may affect attorney-client privilege and work-product protections.
The article explores how information entered into AI platforms may become discoverable during litigation and highlights the importance of employer policies governing AI use. It also discusses the distinctions between consumer AI tools and enterprise AI platforms, as well as the evolving legal landscape surrounding privilege protections in the context of AI.
Stavely emphasized that employers should carefully evaluate both the AI tools they permit employees to use and the policies that govern their use. An excerpt:
"The challenge is that many people don’t think of their AI chat history as something that could surface in litigation, but it absolutely does," said Jason Stavely, an attorney with Quarles & Brady. "Just like email communications, chat histories create potentially relevant and discoverable information."
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"The best policies I’ve seen do a few things," Stavely said.
First, they mandate that employees use only approved, enterprise-grade AI platforms, including tools where the data stays within the organization’s security perimeter and isn’t used to train external models.
Second, they require human-in-the-loop validation for critical decisions, so AI recommendations don’t go unchecked.
Third, the policies address the bring-your-own-device problem. Personal devices loaded with consumer AI apps present a real risk when employees use them for work-related tasks.
"Good policies make clear that employees should not input confidential, privileged, or sensitive company information into unapproved AI tools," Stavely said. "The key is making sure practice actually matches policy. A policy on paper doesn’t help much if nobody follows it or knows about it."