On February 10, 2026, Judge Jed Rakoff of the Southern District of New York ruled in United States v. Heppner that documents generated through a consumer version of Anthropic’s Claude AI were not protected by the attorney-client privilege or the work-product doctrine under the circumstances presented. The decision appears to be the first to squarely
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SDNY Addresses Privilege and Work Product Implications of Using Unsecured Public AI Tools
A recent decision in United States v. Heppner appears to be the first federal ruling to directly address attorney‑client privilege and work‑product issues arising from a non‑lawyer’s use of a consumer-grade insecure AI tool for legal research. The court held that materials generated through Anthropic’s consumer version of Claude were not protected, emphasizing that entering
Planning for Your Next DOL Investigation Just Got Easier
Spoiler alert. We are about to reveal the secret to learning what the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) will be focused on the next time it investigates your employee benefit plans? Ready? Just ask.
Last week, EBSA announced an overhaul of its national enforcement projects for fiscal year 2026—the most significant EBSA has made
Data License Restrictions in the AI Spotlight: Careful Drafting Is More Important Than Ever
A recently-filed federal court complaint tests the enforceability of restrictive terms in a data license against the use of licensed data for generative AI purposes. The outcome of this case may turn on interpreting broad terms such as training, internal research, distribution and publication.
UPDATE: On December 18, 2025, the court denied defendant Alexi Technologies
SEC Division of Investment Management Director Brian Daly Signals Innovation-Forward Agenda, Positioning AI at the Forefront of SEC Strategy
On December 2, 2025, Brian Daly, Director of the Securities and Exchange Commission (the “SEC”) Division of Investment Management (the “Division”), delivered remarks to the American Bar Association outlining the Division’s top priorities under his leadership: deregulation, modernization, democratization, and artificial intelligence (“AI”).
Daly noted that the Division’s agenda will largely be driven by the
Genesis Mission and New Guidance for AI-Assisted Inventions
The Federal government is accelerating AI‑enabled innovation by launching the Genesis Mission, a sweeping national initiative to accelerate scientific discovery using artificial intelligence. The goal of the Mission is to “build an integrated AI platform to harness Federal scientific datasets…to train scientific foundation models and create AI agents to test new hypotheses, automate research
FinReg Monthly Update
Welcome to the FinReg Monthly Update, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in October 2025:
Financial Advice / Wealth Management
31 October – FCA Consolidation Review: The UK Financial Conduct Authority (“FCA”) published its findings following a multi-firm review of consolidation in the financial advice
Patent Practitioners are Unsettled Regarding Seemingly-Settled Section 101 Jurisprudence
Patent eligibility under 35 U.S.C. § 101 should be a straightforward threshold question: any “new and useful process, machine, manufacture, or composition of matter” is eligible for protection. Yet over time, this once-clear principle has become anything but.
Although the statute itself has remained unchanged for two centuries, its interpretation has evolved dramatically through judicial
UPDATE: NLRB Sues California Over Dramatically Expanding State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Under AB 288, PERB can now
UPDATE: NLRB Files Suit Against California for Dramatically Expanding State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Under AB 288, PERB can now