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Mona Ebert

As seen in: JD Supra, Lexology
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Articles by Mona Ebert

Should I Input Privileged Advice Into A Public AI Tool And Can I Maintain Privilege When Doing So? | JD Supra

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By Mona Ebert, Phillip Kelly, Rachel Tookey
| JD Supra
[co-author: Crystal Sawyers] No – there is a risk that the court would treat that advice as published to the world and it may amount to a breach of any applicable regulatory duties. In practice, doing so may only amount to a theoretical rather than actual loss of confidentiality but we advise exercising caution. What is the legal position?
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Can legal advice prepared with the help of Generative AI attract privilege? | JD Supra

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By Mona Ebert, Phillip Kelly, Rachel Tookey
| JD Supra
[co-author: Crystal Sawyers] Yes, in certain circumstances. What is the legal position?
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Should An AI System Be Treated Like A Trainee Lawyer Or Paralegal? | JD Supra

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By Mona Ebert, Phillip Kelly, Rachel Tookey
| JD Supra
[co-author: Crystal Sawyers] Yes – our view is that, in the context of privilege, AI Systems should be treated like a “subordinate” of the lawyer, much like a trainee solicitor, pupil barrister, or paralegal working under the “direction and supervision” of the lawyer. Supervision of an AI System (defined below) by a qualified lawyer may therefore allow the AI System's output – in certain circumstances – to attract privilege. What is an AI System?
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Privy Council declares the Shareholder Rule “altogether unclothed” and no longer good law in England and Wales

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By Tom Laidler, Jamie Curle, Charles Allin, Chris Morris, Jessica McArthur, Mona Ebert
| Lexology Verified
The Judicial Committee of the Privy Council (JCPC) has unanimously abolished the Shareholder Rule, which prevented a company from asserting legal professional privilege (LPP) against a shareholder, save for limited circumstances. The JCPC, which heard the case from the Bermuda Court of Appeal, was comprised of justices of the Supreme Court of the United Kingdom; In making a so-called declaration, the justices expressed their firm view that their decision is to be regarded as English law. 1.
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