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 is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations…

Garen Marshall is a partner in McGuireWoods’ Government Investigations and White Collar Litigation Department and leads the firm’s Artificial Intelligence Practice Area. A former Assistant United States Attorney in the Eastern District of New York and Navy special operations veteran, he represents corporations, executives, and boards in government and internal investigations, regulatory enforcement matters, and complex civil litigation, with a practice that extends to AI governance, AI-related enforcement and litigation risk, and corporate compliance issues involving 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. Dave is recognized for his deep experience and keen insights…

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. Dave is recognized for his deep experience and keen insights, particularly navigating the intricacies of securities law as it applies to new technologies.

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 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.

McGuireWoods LLP

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically…

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.