AI State Regulatory Frontiers: Emerging Issues on AI, Privilege, and Work Product in Legal Practice

In this episode of Regulatory Oversight's "AI State Regulatory Frontiers" series, co-host Ashley Taylor is joined by colleagues Gene Fishel and Dan Waltz to examine how AI is reshaping expectations for attorneys, clients, and regulators. The discussion focuses on the emerging contours of privilege, work product, and ethics in an era where both attorneys and pro se litigants increasingly rely on AI tools. Using recent federal decisions as case studies, the episode explores how courts are beginning to draw lines around confidentiality, reasonable expectations of privacy, and the proper role of AI in legal work. The conversation then broadens to the growing patchwork of state bar opinions, court rules, and state regulatory activity on AI, and what that means for law firms and in-house counsel. Gene and Dan offer practical guidance on AI governance, platform selection, client counseling, and how to integrate AI into legal and corporate workflows in a way that is defensible, ethical, and aligned with evolving regulatory expectations. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.