AI Legal Watch: July
Does Using AI Waive Privilege? What Litigators Need to Know Now
Maggie Welsh; Ariel D. House
AI Counsel Code host Maggie Welsh talks with Ariel House about the emerging legal rules and AI in litigation, including privilege, work product, discovery, and protective orders. They unpack recent court decisions, explain why AI is increasingly being treated as another source of electronically stored information, and share practical guidance for companies navigating employee AI use, confidential data, and litigation risk.
Third Circuit Hears Oral Argument in Ross v. Reuters AI Training Copyright Case
Julie Albert; Jasmine Boyer
A landmark AI copyright case is now before the Third Circuit and could reshape how companies develop and deploy AI technologies. In Ross v. Thomson Reuters, the court is considering whether using copyrighted content to train AI systems qualifies as fair use, a question with significant implications for AI developers, content owners, and businesses investing in artificial intelligence.
The judges' questions during oral argument suggest the court is closely examining both the transformative nature of AI training and the potential impact on content markets.
Federal Evidence Rulemaking on AI Hits Pause: An EDVA Update
Bradley Bennett
Federal courts are taking a measured approach to AI regulation. Recent developments from the Judicial Conference's Advisory Committee on Evidence Rules and the Eastern District of Virginia (EDVA) indicate that proposed rules governing AI-generated evidence and deepfakes have been put on hold, while courts continue to rely on existing evidentiary frameworks. For companies navigating litigation in an AI-driven environment, the takeaway is clear: while formal AI-specific rules remain on pause, scrutiny of AI-generated content is not.
EU AI Act Reset: More Time, Same Compliance Reality
Samir A. Bhavsar
The European Union has extended key compliance deadlines under the AI Act, giving organizations additional time to prepare for requirements governing high-risk AI systems. While the revised timeline pushes certain obligations into 2027 and 20285, the EU has made clear that this is a recalibration, not a retreat, from its ambitious AI regulatory agenda.
For business leaders, the message is straightforward: use this additional runway wisely. The amendments maintain the Act's risk-based framework, introduce new restrictions around harmful AI-generated content, and advance certain transparency requirements.
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