On Feb. 10, 2026, the U.S. District Court for the Southern District of New York held that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. The decision has important implications as clients and nonlawyers increasingly use generative AI tools to assess legal…

Executive Summary

  • Independent, unsupervised use of generative AI to analyze legal exposure may not be privileged. A federal court held that a defendant’s AI prompts and outputs relating to a criminal investigation of his conduct were not protected after they were seized pursuant to a search warrant.
  • Platform terms matter. If an AI provider reserves rights to retain, train on, or disclose user inputs, courts may find confidentiality—and therefore privilege—compromised.
  • Structure AI use under counsel’s direction. The ruling leaves open whether counsel-directed enterprise AI use on a secure platform with strong confidentiality terms may be treated differently. Governance and process may be outcome-determinative.

In advance of the anticipated rollout of the “TrumpRx” website, a platform promising lower-priced drugs sold directly to consumers, the Office of Inspector General of the Department of Health and Human Services released a special advisory bulletin on Jan. 27, 2026, outlining the Federal Anti-Kickback Statute implications for direct-to-consumer drug sales. The OIG concludes that…

RoundTable Healthcare Partners has announced it has invested in Colorescience. 

Colorescience, founded in 2013 and based in Carlsbad, California, is a skincare and sun protection brand.

RoundTable, founded in 2001 and based in Lake Forest, Illinois, is an operating-oriented private equity firm focused exclusively on the healthcare industry. The firm targets middle market…

On January 27, 2026, the Delaware Supreme Court issued a significant pro-policyholder decision affirming that directors and officers (“D&O”) insurers must cover a $28 million settlement paid by Harman International Industries Inc., to resolve stockholder litigation arising from its multi-billion dollar sale to Samsung Electronics Co., Ltd. The Court affirmed the Superior Court’s ruling that…

Arcline Investment Management has announced it will sell Resolution Medical to Resonetics.

Resolution Medical, founded in 2012 and based in Fridley, Minnesota, is an engineering services and outsourced manufacturing company focused on complex Class II and III devices for areas including structural heart, cardiology and vascular, electrophysiology and neuromodulation therapies.

Arcline, founded in…