“I used an AI tool to think through the situation before I responded. Nobody else saw it.” Except, in litigation, they might. AI chat logs are not automatically confidential. Courts are increasingly treating them like other business communications. A conversation…
Belief: California’s workplace violence prevention plan was a 2024 project. Once the plan was written and the training was delivered, the obligation was satisfied. Labor Code §6401.9 does not work that way. The statute imposes ongoing obligations, including annual review…
Belief: dashcams are only about accidents, so they reduce employment risk. Dashcams often collect employee data: audio, location, driver behavior, and sometimes scoring. Once a company uses that data in coaching or discipline, the system becomes employment evidence. California adds…
Belief: using a public GenAI tool for legal work is like using a search engine, so privilege stays intact. Privilege depends on confidentiality. If a tool’s terms allow retention or disclosure, your prompts and outputs can become discoverable, and the…
Belief: if counsel is involved in a breach response, all the work automatically becomes privileged. Courts don’t treat it that way. A forensic report can become discoverable when it looks like a business investigation that happened to run through legal….
Belief: confidentiality agreements protect trade secrets even if employees use public AI tools. Trade secret protection depends on secrecy and reasonable controls. When employees upload sensitive material into unapproved AI systems, the secrecy story can collapse. The failure pattern is…
Most businesses hear “cybersecurity audit” and assume it is optional, or something you do after a breach. California is moving in the opposite direction. The California Privacy Protection Agency finalized regulations that require certain businesses to complete cybersecurity audits and…
We use cookies to improve your browsing experience, analyze website traffic, and provide essential website functionality. You can choose to accept or manage your preferences.
