Artificial Intelligence

Three recent federal court decisions have created some uncertainty about whether materials created using generative AI tools are protected by attorney-client privilege or the work product doctrine. In United States v. Heppner, the court held that a party’s use of a consumer AI platform without attorney direction vitiated any privilege protection. However, in Warner v. Gilbarco, Inc. and Morgan v. V2X Inc., courts reached more protective conclusions, holding that AI tools are instruments, not third parties, and that using them does not automatically waive work product protection. These conflicting rulings highlight immediate risks for corporate entities and employees who use AI to research legal issues or prepare litigation-related materials.

Artificial intelligence is no longer a future consideration for employers – it is already reshaping how companies hire, manage, and engage their workforces and how their workforce performs their job duties. From AI-powered resume screening tools to automated note-taking applications and generative AI platforms embedded in everyday workflows, AI has become a fixture in the modern workplace. But with rapid adoption comes a host of employment law considerations that employers cannot afford to overlook. 

Read about the White House’s new National AI Legislative Framework in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about increasing tensions over who will control the rules governing AI in the latest edition of AI: The Washington Report.

Mintz On Air podcast compares California and Canadian employment law, covering non-competes, PTO, parental leave, severance, RIFs, and benefits.

Get the latest on the White House’s opposition to Utah’s AI bill and the new Tech Corps initiative in this edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the FTC’s sharpening focus on AI acquihires in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

A podcast discussion on AI’s role in hiring, employee management, and workplace decisions, with practical guidance for employers.

Read about the FTC’s shift in AI enforcement, NTIA’s BEAD funding uncertainty, and growing federal-state AI tensions in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

New York’s RAISE Act and a forthcoming White House AI security framework signal growing oversight of frontier AI, cybersecurity standards, and state‑federal alignment.

California’s A.B. 2013 imposes new disclosure requirements for generative AI systems starting January 1, 2026. Learn who’s covered, what must be disclosed, compliance challenges, and practical steps to protect IP and avoid enforcement risks.
 

Discover how NIST’s $20M investment in new AI centers and Florida’s proposed AI Bill of Rights may shape the future of US AI policy in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Explore how employers can protect trade secrets in an AI-driven workplace. In this Mintz On Air episode, Jen Rubin and Paul Huston discuss practical safeguards, AI risks, and accountability challenges, plus strategies for balancing innovation with security.

Read about the FTC’s settlement with Instacart and what it signals for companies deploying AI-driven tools in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the White House’s bold step to reshape AI regulation nationwide in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Discover how the Genesis Mission is shaping US AI policy with a federal push for centralized R&D, new AI legislation, and a growing clash with state regulators.

Read about a draft Executive Order that signals a major shift in AI governance in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about how the US government is taking steps toward creating a global AI ecosystem built on American innovation in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the increasing tension between innovation in AI and the urgent calls for regulation in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

California’s SB 53 sets new AI safety standards. Learn how early-stage startups can align with emerging governance to stay competitive.