AI-Related Issues in Securities Cases: Privilege Pitfalls and ‘AI Washing’ Claims

Given its 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 June 01, 2026 at 12:07 AM

Jay Dubow , Erica H. Dressler and Milica Krnjaja

Artificial intelligence (AI) tools have quickly become integral to users across the spectrum, from large public companies to individual consumers. Public companies now routinely reference “AI-driven” strategies on earnings calls, and boards are being briefed on AI risks alongside cybersecurity and ESG.

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