AI + Waiver

Increasingly, I'm seeing protective and confidentiality orders address use of generative AI. That makes a ton of sense and, generally, they aim to prohibit disclosure of confidential/privileged to public facing AI tools. And then there is this one (fascinatingly):

"No Waiver. Any unauthorized disclosure of Confidential Material to a Public Generative AI Platform shall not constitute a waiver of confidentiality, privilege, work-product protection, or any other applicable protection." Velez. v OnePlus Tech. Co., Ltd., Case No. 25-CV-2432, 2026 WL 1734645 (S.D.N.Y. June 16, 2026).

I get the desire, but if allowed to train on our (or our client's) confidential and privileged information, I'm not sure you can call this "no waiver."

🔥 ✌ ♥️