AI Drafting Board Minutes? Hold Up, Wait a Minute. It's Complicated.

Dated June 2026 and arguing that communications between directors and AI tools are generally not protected by attorney-client privilege and that AI-assisted materials may not qualify for work product protection, so candid exchanges with a chatbot and AI-generated drafts may be discoverable. It records that a federal court in New York held an executive's exchanges with a public generative AI platform were not privileged, and that in a 2026 Delaware case the court quoted a CEO's chatbot conversations asking for help avoiding a potential USD 250 million earnout payment and noted that some logs had been deleted. The recommended guardrails are to decide in advance whether and which parts of meetings are transcribed, to use the tools in ways that preserve privilege where possible, and to set clear procedures for review, approval, retention and deletion, with routine deletion becoming spoliation once a duty to preserve attaches.