Insights
Divergent: Two Federal Courts Chart Seemingly Opposite Paths on Work Product Protection for AI-Generated Materials
March 5, 2026
Wilson Elser’s Data Use & AI Governance team delivers end-to-end compliance counsel to help companies harness data and emerging technologies while meeting the rapidly expanding patchwork of domestic and international regulatory obligations.
Drawing on the firm’s national platform and decades of experience in technology, media, and intellectual property, we design pragmatic programs that translate legal requirements into workable business processes, keep executives ahead of enforcement trends, and position organizations to innovate with confidence. As necessary, we also defend claims – including class actions – alleging deceptive trade practices, unfair competition, defamation, false light, right of privacy/publicity, automatic renewal violations and privacy intrusions arising from AI-enabled personalization and tracking techniques.
Our attorneys begin by advising on an enterprise-wide data inventory that maps personal, sensitive and high-risk data flows, enabling clients to align collection and use practices with applicable state, federal and global statutes. We create customized governance frameworks that integrate privacy-by-design, data minimization, purpose limitation and retention protocols into product lifecycles, marketing strategies and HR operations, and we draft the full suite of documentation, including privacy notices, consent mechanisms, data processing agreements, cross-border transfer agreements and impact assessments, as needed to demonstrate accountability to regulators and business partners.
Cybersecurity compliance is anchored in risk-based, standards-driven controls that reflect accepted industry frameworks and state regulatory requirements. Our team conducts tabletop exercises, penetration-test reviews and third-party/vendor diligence, then layers incident response plans that satisfy statutory breach-notification clocks and privilege-preserving forensic protocols. When an event occurs, we handle regulator and consumer notifications, coordinate with insurers, negotiate with threat actors where permissible, and defend ensuing litigations.
Recognizing that artificial intelligence is reshaping every industry, Wilson Elser advises on AI governance programs that align with divergent global regulatory standards and evolving state algorithmic accountability bills. We craft policies covering model procurement and deployment; perform impact assessments; and counsel on intellectual property, data provenance, licensing and generative-content ownership concerns. Our lawyers also advise boards and C-suites on AI ethics, workforce transformation and disclosure considerations.
By integrating digital risk, including privacy, security and AI governance, into a single practice, Wilson Elser offers clients a cohesive, business-focused approach that reduces liability, facilitates global expansion and builds stakeholder trust. We remain vigilant to legislative changes, regulatory guidance and litigation trends, delivering continuous program updates, training and audits so that compliance keeps pace with innovation.
Wilson Elser’s Data Use & AI Governance team delivers end-to-end compliance counsel to help companies harness data and emerging technologies while meeting the rapidly expanding patchwork of domestic and international regulatory obligations.
Drawing on the firm’s national platform and decades of experience in technology, media, and intellectual property, we design pragmatic programs that translate legal requirements into workable business processes, keep executives ahead of enforcement trends, and position organizations to innovate with confidence. As necessary, we also defend claims – including class actions – alleging deceptive trade practices, unfair competition, defamation, false light, right of privacy/publicity, automatic renewal violations and privacy intrusions arising from AI-enabled personalization and tracking techniques.
Our attorneys begin by advising on an enterprise-wide data inventory that maps personal, sensitive and high-risk data flows, enabling clients to align collection and use practices with applicable state, federal and global statutes. We create customized governance frameworks that integrate privacy-by-design, data minimization, purpose limitation and retention protocols into product lifecycles, marketing strategies and HR operations, and we draft the full suite of documentation, including privacy notices, consent mechanisms, data processing agreements, cross-border transfer agreements and impact assessments, as needed to demonstrate accountability to regulators and business partners.
Cybersecurity compliance is anchored in risk-based, standards-driven controls that reflect accepted industry frameworks and state regulatory requirements. Our team conducts tabletop exercises, penetration-test reviews and third-party/vendor diligence, then layers incident response plans that satisfy statutory breach-notification clocks and privilege-preserving forensic protocols. When an event occurs, we handle regulator and consumer notifications, coordinate with insurers, negotiate with threat actors where permissible, and defend ensuing litigations.
Recognizing that artificial intelligence is reshaping every industry, Wilson Elser advises on AI governance programs that align with divergent global regulatory standards and evolving state algorithmic accountability bills. We craft policies covering model procurement and deployment; perform impact assessments; and counsel on intellectual property, data provenance, licensing and generative-content ownership concerns. Our lawyers also advise boards and C-suites on AI ethics, workforce transformation and disclosure considerations.
By integrating digital risk, including privacy, security and AI governance, into a single practice, Wilson Elser offers clients a cohesive, business-focused approach that reduces liability, facilitates global expansion and builds stakeholder trust. We remain vigilant to legislative changes, regulatory guidance and litigation trends, delivering continuous program updates, training and audits so that compliance keeps pace with innovation.