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When AI Notetakers Break Privilege in Internal Investigations

An AI notetaker in your investigation is a third party — and privilege may already be waived. Learn to inventory the vendors, defend privilege under Kovel and Upjohn, answer AI-targeted discovery, and remediate the SaaS stack before opposing counsel forces the question.

2026-07-16 13:00:00

Program Details

2026-07-16 13:00:00

Program Details

2026-07-16 13:00:00

Over 1,000+ webinars

2026-07-16 13:00:00

Course Overview

The Notetaker in the Room Was a Third Party

2026-07-16 13:00:00

AI notetakers, applicant screeners, and HR analytics platforms now sit inside the internal investigation. They record witness interviews and generate logs no one treats as discoverable, until a subpoena forces the question.

Run a consumer-grade transcription tool, and you waive privilege by default. Let it record the interview, and you create a third-party interceptor under ECPA and CIPA. Capture a voiceprint, and BIPA attaches. United States v. Heppner (S.D.N.Y. Feb. 2026) drew the enterprise-versus-consumer privilege line. The Mobley, Otter.ai, and Eightfold AI litigations established direct vendor liability under Title VII and ADEA.

You walk out with a vendor inventory memo, a thirty-day SaaS remediation playbook, zero-retention riders, model-training carve-outs, consent retrofits, and a DOJ-credit compliance memo. You leave able to apply Kovel and Upjohn to third-party vendors, authenticate or challenge AI outputs under FRE 901 and proposed Rule 707, and preserve privilege before opposing counsel forces the question.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Privilege destruction
Consumer-grade AI platforms waive attorney-client privilege and work-product protection under United States v. Heppner.
02
Wiretap exposure
AI notetakers act as unauthorized third-party interceptors, creating ECPA and CIPA liability.
03
Biometric liability
Voiceprint capture triggers BIPA claims, with the Seventh Circuit’s damages cap shaping exposure.
04
Agent liability
AI vendors face direct liability as employer agents under Title VII and ADEA, per Mobley v. Workday.
05
Consumer reports
AI scoring outputs qualify as consumer reports under FCRA and ICRAA, triggering pre-adverse-action duties.
06
ECCP compliance
The DOJ’s September 2024 ECCP makes documenting AI risk a factor in cooperation credit.

Program schedule

clock 1:00 pm - 2:00 pm EST

AI Tools as Third-Party Interceptors and Employer Agents

This session maps the statutory regimes Title VII, ADEA, ECPA, CIPA, and BIPA triggered when AI tools enter investigations, using Mobley, Otter.ai, and Heppner to define the vendor liability perimeter and build a vendor inventory memo.

Elizabeth SchlisselElizabeth Schlissel
Daryl T. CaffaroneDaryl T. Caffarone
clock 2:10 pm - 3:10 pm EST

Privilege Defense, AI Discovery, and SaaS Contract Remediation

This session defends privilege when interviews run through AI vendors, applying Kovel and Upjohn, answering FRCP 34 and 45 demands, authenticating outputs under FRE 901 and Rule 707, and executing a thirty-day SaaS remediation playbook.

Elizabeth SchlisselElizabeth Schlissel
Daryl T. CaffaroneDaryl T. Caffarone
Elizabeth Schlissel

Elizabeth Schlissel

Falcon Rappaport & Berkman

Daryl T. Caffarone

Daryl T. Caffarone

Falcon Rappaport & Berkman

Elizabeth Schlissel

Elizabeth Schlissel

Falcon Rappaport & Berkman

Elizabeth E. Schlissel is a Partner and Chair of the Labor & Employment Practice Group at Falcon Rappaport & Berkman LLP, where she is also a member of the firm’s Healthcare Practice Group. She represents clients in employment litigation, investigations, regulatory matters, and other aspects of employment law. Her practice spans representing companies in employment litigation in state and federal court, counseling employers and HR executives on compliance with federal, state, and local employment laws, conducting internal workplace investigations, and advising both employers and employees across a broad range of employment matters. She also has significant experience representing large healthcare networks in employment law matters.

Education & Credentials

Elizabeth completed her education at Boston University and Hofstra University School of Law. She is admitted to practice in the State of New York, as well as before the United States District Court for the Eastern District of New York and the United States District Court for the Southern District of New York.

Recognition & Leadership

Elizabeth serves as Chair of Falcon Rappaport & Berkman's Labor & Employment Practice Group, a leadership position reflecting her standing within the firm's employment practice. She holds the role of Partner at the firm.

Professional Involvement

As a member of the firm's Healthcare Practice Group, Elizabeth's involvement extends to representing hospital systems, physician groups, and hospital administrators in employment law matters. She regularly conducts on-site and remote video trainings with employees and management to prevent sexual harassment and discrimination and to promote appropriate responses by management to workplace complaints. She is also featured in the firm's "Employment Edge with Liz" podcast series addressing employment law topics.

Experience

Elizabeth represents companies in all types of employment litigation in state and federal court, including wage and hour matters, discrimination, workplace harassment, retaliation, hostile work environment, breach of employment contracts and restrictive covenants, and failure to accommodate disabilities. She regularly represents employers in discrimination matters before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights, and defends businesses in Americans with Disabilities Act lawsuits regarding premises and websites. She counsels employers, management teams, and HR executives on compliance and personnel matters, drafts and updates employee handbooks and policies, and represents healthcare networks in employment matters. Elizabeth conducts internal workplace investigations involving sexual harassment, discrimination, retaliation, misconduct, workplace assault, and employee theft, and represents employers in U.S. and New York State Department of Labor audits. She also counsels’ employees on offer letters, employment agreements, restrictive covenant agreements, and separation agreements.
Daryl T. Caffarone

Daryl T. Caffarone

Falcon Rappaport & Berkman

Daryl T. Caffarone, Esq. is an Associate in Falcon Rappaport & Berkman’s Corporate & Securities, Intellectual Property, and Cannabis & Psychedelics Practice Groups. Her practice spans a broad range of areas but is particularly focused on corporate transactions, including mergers and acquisitions, joint ventures, private placements, corporate finance, and licensing. She advises clients on intellectual property matters with a focus on compliance and registrations and addresses regulatory and transactional issues in the cannabis industry. She also assists the firm’s Taxation Practice Group with corporate and partnership reorganizations.

Education & Credentials

Daryl earned a Bachelor of Arts in political science and philosophy from New York University and a Juris Doctor from the Maurice A. Deane School of Law at Hofstra University. She is admitted to practice in the State of New York.

Recognition & Leadership

While in law school, Daryl served as Editor-in-Chief of Volume 23 of the Journal of International Business and Law.

Professional Involvement

During law school, Daryl served as a research assistant for several articles concerned with constitutional law and First Amendment rights. She authored a published article, "Ireland's Tax Code May Be Changing, But One Thing Remains: How Capital Allowances For Intangible Assets Continue to Draw Tech Giants to the Emerald Isle," which appeared in the Journal of International Business and Law.

Experience

Daryl concentrates on her practice in corporate transactions, including mergers and acquisitions, joint ventures, private placements, corporate finance, and licensing. Within the Intellectual Property Practice Group, she advises clients on a variety of IP matters, with a focus on compliance and registration. Within the Cannabis & Psychedelics Practice Group, she focuses on regulatory and transactional issues in the cannabis industry. She additionally assists the Taxation Practice Group with corporate and partnership reorganizations.
Elizabeth Schlissel

Elizabeth Schlissel

Falcon Rappaport & Berkman

Elizabeth E. Schlissel is a Partner and Chair of the Labor & Employment Practice Group at Falcon Rappaport & Berkman LLP, where she is also a member of the firm’s Healthcare Practice Group. She represents clients in employment litigation, investigations, regulatory matters, and other aspects of employment law. Her practice spans representing companies in employment litigation in state and federal court, counseling employers and HR executives on compliance with federal, state, and local employment laws, conducting internal workplace investigations, and advising both employers and employees across a broad range of employment matters. She also has significant experience representing large healthcare networks in employment law matters.

Education & Credentials

Elizabeth completed her education at Boston University and Hofstra University School of Law. She is admitted to practice in the State of New York, as well as before the United States District Court for the Eastern District of New York and the United States District Court for the Southern District of New York.

Recognition & Leadership

Elizabeth serves as Chair of Falcon Rappaport & Berkman's Labor & Employment Practice Group, a leadership position reflecting her standing within the firm's employment practice. She holds the role of Partner at the firm.

Professional Involvement

As a member of the firm's Healthcare Practice Group, Elizabeth's involvement extends to representing hospital systems, physician groups, and hospital administrators in employment law matters. She regularly conducts on-site and remote video trainings with employees and management to prevent sexual harassment and discrimination and to promote appropriate responses by management to workplace complaints. She is also featured in the firm's "Employment Edge with Liz" podcast series addressing employment law topics.

Experience

Elizabeth represents companies in all types of employment litigation in state and federal court, including wage and hour matters, discrimination, workplace harassment, retaliation, hostile work environment, breach of employment contracts and restrictive covenants, and failure to accommodate disabilities. She regularly represents employers in discrimination matters before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights, and defends businesses in Americans with Disabilities Act lawsuits regarding premises and websites. She counsels employers, management teams, and HR executives on compliance and personnel matters, drafts and updates employee handbooks and policies, and represents healthcare networks in employment matters. Elizabeth conducts internal workplace investigations involving sexual harassment, discrimination, retaliation, misconduct, workplace assault, and employee theft, and represents employers in U.S. and New York State Department of Labor audits. She also counsels’ employees on offer letters, employment agreements, restrictive covenant agreements, and separation agreements.
Daryl T. Caffarone

Daryl T. Caffarone

Falcon Rappaport & Berkman

Daryl T. Caffarone, Esq. is an Associate in Falcon Rappaport & Berkman’s Corporate & Securities, Intellectual Property, and Cannabis & Psychedelics Practice Groups. Her practice spans a broad range of areas but is particularly focused on corporate transactions, including mergers and acquisitions, joint ventures, private placements, corporate finance, and licensing. She advises clients on intellectual property matters with a focus on compliance and registrations and addresses regulatory and transactional issues in the cannabis industry. She also assists the firm’s Taxation Practice Group with corporate and partnership reorganizations.

Education & Credentials

Daryl earned a Bachelor of Arts in political science and philosophy from New York University and a Juris Doctor from the Maurice A. Deane School of Law at Hofstra University. She is admitted to practice in the State of New York.

Recognition & Leadership

While in law school, Daryl served as Editor-in-Chief of Volume 23 of the Journal of International Business and Law.

Professional Involvement

During law school, Daryl served as a research assistant for several articles concerned with constitutional law and First Amendment rights. She authored a published article, "Ireland's Tax Code May Be Changing, But One Thing Remains: How Capital Allowances For Intangible Assets Continue to Draw Tech Giants to the Emerald Isle," which appeared in the Journal of International Business and Law.

Experience

Daryl concentrates on her practice in corporate transactions, including mergers and acquisitions, joint ventures, private placements, corporate finance, and licensing. Within the Intellectual Property Practice Group, she advises clients on a variety of IP matters, with a focus on compliance and registration. Within the Cannabis & Psychedelics Practice Group, she focuses on regulatory and transactional issues in the cannabis industry. She additionally assists the Taxation Practice Group with corporate and partnership reorganizations.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs