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 […]
Litigation
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. […]
Ninth Circuit Partially Lifts Injunction Against California Age-Appropriate Design Code Act
On March 12, 2026, the United Sates Court of Appeals for the Ninth Circuit (Ninth Circuit) partially vacated the preliminary injunction by the United States District Court for the Northern District of California (district court) that had blocked the enforcement of the California Age-Appropriate Design Code Act (CAADCA). Several key CAADCA provisions remain enjoined, but […]
Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them
On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]