AI-Related Issues in Securities Cases: Privilege Pitfalls, 'AI Washing' Claims
The article discusses the increasing reliance on AI in securities litigation and the associated legal challenges. Key issues include allegations of 'AI washing' and the complexities surrounding attorney-client privilege in the context of generative AI tools. As AI becomes more prevalent, companies are also facing scrutiny regarding their AI strategies and risks.
- ▪Law firms and clients are using AI for drafting disclosures and preparing for litigation.
- ▪There are growing concerns about 'AI washing' and the overstated capabilities of AI tools.
- ▪Disputes have arisen over whether the use of generative AI can be protected by attorney-client privilege.
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Related informationShowExpert OpinionSecurities LitigationFollowAI-Related Issues in Securities Cases: Privilege Pitfalls and ‘AI Washing’ ClaimsLaw firms and their clients increasingly rely on AI to draft disclosures, summarize documents, and prepare for litigation. Given this widespread use and popularity, AI-related issues have unsurprisingly begun to feature prominently in recent securities cases. These issues range from allegations of “AI washing” and overstated AI capabilities to disputes over whether clients’ use of generative AI tools can be shielded by the attorney-client privilege.10 minute read May 26, 2026 at 09:59 AMByJay Dubow , Erica H. Dressler and Milica KrnjajaL-R: Jay A. Dubow, Erica H. Dressler and Millie Krnjaja of Troutman Pepper Hamilton Sanders.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Law.com.
