For chief litigation counsel and general counsel, the real challenge is not whether to allow AI—that’s simply unrealistic at this point in most enterprises—it’s how AI activity is governed, preserved, produced, and ultimately explained under oath. Because in modern litigation, AI prompts, outputs, and usage logs don’t vanish when you X out of the search screen—they are discoverable artifacts that can impact litigation.

By the time a deposition reaches the courtroom, most lawyers assume the hard work is done. The testimony is locked. The transcript is clean. The video is clipped. But that’s where many cases quietly slip. Because presenting deposition testimony at trial isn’t just about what the witness said. It’s about whether the jury is actually paying attention when they hear it. And attention, more than evidence, is the currency that wins trials.

The role of today’s general counsel looks far different than it did just a decade ago. Corporate legal departments now operate at the center of business strategy, risk management, and decision-making. That evolution brings influence and opportunity along with new risks. Doctrines that protect lawyers and their companies—privilege, work product, and immunity—are no longer background principles. They are frontline tools in high-stakes litigation.