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

Mon, 22 Jun 2026 11:30:16 +0000

Posted by Sonia K. Nijjar, Jenness E. Parker, and Yingchuan (Grace) Mo, Skadden, Arps, Slate, Meagher & Flom LLP, on Monday, June 22, 2026

Editor's Note:

Sonia K. Nijjar and Jenness E. Parker are Partners and Yingchuan (Grace) Mo is a Counsel at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum.

Key Points

Using artificial intelligence tools to record or transcribe board meetings, or generate minutes, can create detailed records of confidential discussions that could create problems if they have to be turned over in litigation.
In addition to the issues with minutes, other uses of AI by directors can pose legal problems. For instance, communications between directors and AI tools are generally not protected by attorney-client privilege, and AI-assisted materials may not qualify for work product protection — meaning candid exchanges with a chatbot, as well as AI-generated drafts, may be discoverable in litigation.
AI-generated materials should be treated like any other records and should be preserved when litigation becomes likely.