Eun Young Choi Discusses SDNY AI Privilege Ruling with Global Investigations Review

Eun Young Choi, Arnold & Porter White Collar Defense & Investigations partner and former Deputy Assistant Attorney General in the National Security Division at the U.S. Department of Justice, was quoted in the Global Investigations Review article, “Landmark AI ruling could ‘pop the balloon’ of attorney-client privilege,” discussing a recent U.S. District Court for the Southern District of New York decision addressing when legal privilege protects AI-generated content.

Eun Young explained that companies should understand how and in which jurisdictions their employees are using AI tools, as government authorities in some countries may have easier access to AI data than others. AI data stored on U.S. servers, for example, may be accessible to U.S. government agencies even when the company is headquartered outside the U.S.

“You have to look at every single instance in which third-party AI tools and models may be integrated into the applications that are being used, because each touch point is a new way that the data could be placed at risk,” she said.

She also noted that courts will continue to examine this issue across a wide range of contexts, including criminal cases like this one and employment disputes, internal investigations, and civil litigation.

“It’s only the first in what will be many new scenarios that courts will have to grapple with in the years to come,” Eun Young said. “Not even years – months to come.”

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