In this chapter of Global Investigation Review's (GIR) Market Review: Privilege 2025, authors Andrew Wise and Katherine Pappas discuss a number of issues relating to privilege in the United States, including the types of legal privilege recognized in the U.S. and to whom it applies; the criteria needed for a communication to be considered privileged; how the use of AI tools may impact claims of privilege, including communications between in-house counsel and AI tools; the treatment of privilege in the context of cross-border investigations; key recent developments affecting legal privilege in the U.S.; and practical steps lawyers should take to preserve privilege when using AI and legal technology. 

This article was first published by Global Investigations Review in November 2025; for further in-depth analysis, please visit GIR Market Review: Privilege 2025.