- Posts by Gianna Costello
AssociateA tough and detail-oriented litigator, attorney Gianna Costello advocates for clients in a wide variety of complex commercial and employment-related disputes.
Gianna represents clients from financial services, health care ...
In a decision of first impression in Massachusetts, a judge in the Business Litigation Session of the Superior Court ruled that material generated by an artificial intelligence tool, or “AI output,” is not protected under the work product doctrine unless performed for or at the direction of counsel.
Shealy v. Seaside Investments, LLC, serves as a cautionary example of courts analyzing AI-generated materials through the lens of established attorney-client privilege and work product frameworks and deciding that information disclosed to a non-attorney, including an AI-powered tool, potentially exposes those materials to discovery.
On March 10, 2026, the Department of Justice (“DOJ”) announced its “first ever” department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (“CEP”) for all criminal cases.
Recent Updates
- Powerful Tool, but Not an Attorney: Massachusetts Court Rejects Work Product Protection for AI-Generated Documents
- SCOTUS: Venue in White-Collar Case Tied to Proscribed Conduct, Not Intended Effects
- Washington Arbitration Agreements Are Failing Employers in Wage and Hour Cases
- New York’s AVOID Act: Strict Deadlines for Third-Party Practice
- Watch: DOJ’s New Self-Disclosure Rules: Decide Fast or Lose the Credit – Speaking of Litigation