When AI Notetakers Break Privilege in Internal Investigations

Elizabeth Schlissel, Partner, Chair | 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, Associate | 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.

SESSION 1 – AI Tools as Third-Party Interceptors and Employer Agents | 1:00pm – 2:00pm

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.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Privilege Defense, AI Discovery, and SaaS Contract Remediation | 2:10pm – 3:10pm

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.