Photo of 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 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.

On Feb. 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected

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