AI Companion Apps, Civil Discovery, and the California Family Law Client
CLEs You Actually Want to Hear by Beverly Hills Bar Association
Episode notes
California's SB 243 requires companion chatbot platforms to follow suicide prevention protocols and disclose AI interactions to users, but it contains no privilege provision shielding user chat logs from civil discovery. Hossein Berenji, Berenji & Associates, examines what that gap means for family law practitioners, covering the Southern District's ruling in United States v. Heppner, which held that AI-generated materials do not qualify for attorney-client privilege, and how California courts are likely to apply similar reasoning in custody and support proceedings. The program walks through what records platforms retain, when those records become discoverable, and what arguments exist to limit production under the psychotherapist-patient privilege and Code of Civil Procedure section 2030.090. Attendees will leave with a concrete intake protocol for ...
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