On Feb. 10, 2026, the U.S. District Court for the Southern District of New York held that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. The decision has important implications as clients and nonlawyers increasingly use generative AI tools to assess legal risk, despite disclaimers by AI companies that their tools do not provide legal advice. Use of public AI tools creates significant privilege risks because these tools often lack confidentiality protections and are typically not used under counsel’s direction.

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Photo of Garen S. Marshall Garen S. Marshall

Garen Marshall, a former federal prosecutor and United States Navy special forces combat veteran, is a member of the firm’s Government Investigations and White Collar Litigation Department. Garen’s practice leverages his years in the private sector and his tenure at the United States…

Garen Marshall, a former federal prosecutor and United States Navy special forces combat veteran, is a member of the firm’s Government Investigations and White Collar Litigation Department. Garen’s practice leverages his years in the private sector and his tenure at the United States Attorney’s Office for the Eastern District of New York, where he served in the Office’s National Security and Cybercrime Unit and the Organized Crime and Gangs Unit. Garen focuses his practice on financial fraud and corruption investigations across a range of industries, including banking, private equity, healthcare, financial technology, and cryptocurrency, and regularly presents on emerging risk and compliance issues, including artificial intelligence.

Photo of David Hirsch David Hirsch

Dave is a highly respected member of the securities enforcement and regulatory counseling practice group at McGuireWoods, where he plays a key role shaping the strategic direction of the firm’s securities enforcement initiatives. Before joining McGuireWoods, Dave was Chief of the Crypto Assets…

Dave is a highly respected member of the securities enforcement and regulatory counseling practice group at McGuireWoods, where he plays a key role shaping the strategic direction of the firm’s securities enforcement initiatives. Before joining McGuireWoods, Dave was Chief of the Crypto Assets and Cyber Unit in the SEC Division of Enforcement, and prior to that served as enforcement counsel to SEC Commissioner Crenshaw. He is a recognized expert and frequent speaker with a robust practice that spans a wide array of complex regulatory and enforcement matters, particularly those involving crypto and cyber.

Photo of Aaron R. Marienthal Aaron R. Marienthal

Aaron is a dynamic litigator and regulatory counsel with extensive experience in high-stakes consumer financial services matters. He represents financial institutions, fintechs, and technology companies related to a variety of consumer lending issues, payments products, and legislative and government affairs.

Photo of Jeffrey P. Ehrlich Jeffrey P. Ehrlich

Jeff Ehrlich represents clients before the Consumer Financial Protection Bureau (CFPB) and other federal and state agencies that administer and enforce consumer-financial-protection laws, including the Consumer Financial Protection Act of 2010, the Fair Credit Reporting Act, the Truth in Lending Act, the Electronic…

Jeff Ehrlich represents clients before the Consumer Financial Protection Bureau (CFPB) and other federal and state agencies that administer and enforce consumer-financial-protection laws, including the Consumer Financial Protection Act of 2010, the Fair Credit Reporting Act, the Truth in Lending Act, the Electronic Fund Transfer Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, and their implementing regulations.

Photo of Elizabeth Peters Elizabeth Peters

Liz is a member of the firm’s Government Investigations and White-Collar Litigation practice.

Photo of Alice Moscicki Alice Moscicki

Alice is an associate in the firm’s Labor & Employment Department. She is experienced with counselling clients on compliance with a variety of local, state, and federal employment laws, with a focus on reputational risk management. Alice is heavily involved with McGuireWoods’ emerging…

Alice is an associate in the firm’s Labor & Employment Department. She is experienced with counselling clients on compliance with a variety of local, state, and federal employment laws, with a focus on reputational risk management. Alice is heavily involved with McGuireWoods’ emerging, cross-functional artificial intelligence practice.