On September 30, 2026, California Governor Gavin Newsom signed Senate Bill 574, authored by Senator Thomas Umberg, which regulates the use of generative artificial intelligence (“GenAI”) by attorneys, arbitrators, judicial officers, and alternative dispute resolution providers. The California Legislature had passed the bill unanimously on August 31, 2026. SB 574 does not prohibit attorneys from […]
Litigation
Connecticut Court Issues First Prompt Injection Sanctions
A Connecticut pro se plaintiff has been caught—and sanctioned for—attempting to manipulate a court he believed was relying on an Artificial Intelligence tool to reach decisions by hiding instructions directed to the tool in court filings. The court held that the plaintiff’s attempted use of an AI “prompt injection” attack offended the integrity of the […]
No Second Bite at the Apple for Accellion Plaintiffs: Judge Denies Motion to Modify Class Certification Order
In the Accellion data breach case, the United States District Court for the Northern District of California has denied the plaintiffs’ motion to modify the court’s order on class certification. In its first class certification order, the Court declined Plaintiffs’ request to certify a broad negligence class and instead certified several narrow subclasses. The Court […]
Produce the Prompts: A Court Says Expert AI Inputs Are Fair Game in Discovery
A federal court just delivered one of the clearest messages yet on AI in litigation: if an expert used AI to do the work, the prompts may be discoverable. In Conservation Law Foundation, Inc. v. Shell Oil Company et al., Magistrate Judge Thomas O. Farrish ordered the Plaintiff to produce the prompts its expert used […]
The Era of AI-Driven Data Breaches Has Arrived
A recent lawsuit signals the rapid convergence of issues relating to artificial intelligence, vendor‑managed platforms, and individual arbitration in the data breach ecosystem. In Woodard v. OpenAI, Inc. & Mixpanel, Inc., Case No. 3:25-cv-10301 in the Northern District of California, Plaintiffs alleged that Mixpanel uses artificial intelligence technologies developed by OpenAI to collect user data. […]