Courts issued two seemingly conflicting rulings on whether AI generated materials are protected. Heppner (S.D.N.Y.) found that documents created with a consumer version of Claude AI were not privileged or work product because the tool exposed data to a third party provider. Warner (E.D. Mich.) reached the opposite result the same day on different facts,
Corporate & Commercial
The First Sanctions for AI Misuse in Court Are a Warning of What Comes Next
Artificial intelligence is entering litigation faster than courts can formally regulate it. Judges are not responding with panic. They are responding with discipline.
The first sanctions issued for AI misuse in legal filings reveal how courts are approaching this new reality. The issue is not the technology itself. The issue is responsibility.
Courts are drawing…
When AI-Generated Evidence Enters the Courtroom: A New Legal Risk for Businesses and Litigators
Artificial intelligence is rapidly changing how information is created. Now it is beginning to change how evidence appears in court.
Emails that were never written. Audio recordings that were never spoken. Reports that resemble expert analysis but were produced by a machine.
Courts across the United States are confronting a challenge they were never designed…
Ten Things: How to Prioritize Your Work
One of the hardest skills to develop as an in-house lawyer is knowing how to prioritize your work. It certainly was for me. In the in-house world, everything is urgent, and everything is important, and everyone needs their project done yesterday. We have all heard this “the sky is falling” plea from the business yet…
New Survey Informs Board Oversight of Chief Legal Officers
The 2026 edition of the annual Chief Legal Officers Survey (“Survey”) from the Association of Corporate Counsel validates the continuing evolution of senior in-house corporate counsel from strictly technical experts to also wise counselors and business partners to management. In addition, the Survey identifies a series of administrative and operational challenges confronting senior in-house counsel.…
From Hallucinations to Sanctions: Perils of the Use of Legal AI
A recent decision from Suffolk County Justice Linda Kevins in Cassata v Michael Macrina Architect, P.C. serves as yet another warning to practitioners concerning the risks and ethical considerations implicated by the use of generative artificial intelligence (“AI”) in the legal profession, and the Court’s inclusion of a sanctions chart for AI-related errors offers a…
Is There a Duty to Innovate? Key Takeaways From ICPHSO’s Most Timely Panel
Innovation is a word that carries real weight in product safety. Is there an emerging “duty to innovate” — a duty to proactively adopt feasible, safer technologies — or is innovation simply a good practice that may also reduce risk? That is exactly what a panel of industry and legal professionals tackled at this year’s…
The European Artificial Intelligence Act in 2026
The European Artificial Intelligence Act in 2026
In June 2024 the European Parliament and European Council have adopted the Regulation (EU) 2024/1689, which will come in force in August 2nd, 2026.
Introduction
In light of the rapid technological developments and the increased dependence on tools such as artificial intelligence, there was also a constant need…
Why Your Do-It-Yourself NDA Fails When You Need It the Most
When selling your business or exploring a potential deal, many owners now turn to AI tools to draft non-disclosure agreements. The instinct makes sense. It is fast and accessible. But the execution is often flawed. Most business owners are not lawyers and cannot reasonably be expected to understand every protection that should be built into…
Day Two of the ICPHSO Symposium: The Race to Keep Pace — Regulation in a Fast-Moving World
Tuesday, February 24 was the second day of the ICPHSO Annual Meeting and Training Symposium in Orlando, Florida. The Crowell team was on the ground throughout the day, and the sessions did not disappoint. From cybersecurity standards for IoT devices and the European Union’s (EU) sweeping new compliance obligations — the General Product Safety Regulation…