In this episode of ComplianceTalk, Chad flies solo while Michele is out assisting with client work. But with plenty to cover, the show must go on!
He starts with a look at how AI conversations can become discoverable in litigation, discussing United States v. Hepnner and Warner v. Gilbarco, Inc., which land on opposite sides of whether AI-generated materials are protected by attorney-client privilege or the work product doctrine. He also covers how uploading sensitive information into public AI tools can put that information into the public domain and strip away confidentiality protections, using the 2023 Samsung and ChatGPT incident as an example, and how courts, including in the Morgan case, are updating protective orders to account for AI-generated materials. Five practical steps for limiting inadvertent AI disclosure round out the segment.
The episode then turns to the FTC’s new request for public comment on personalized pricing, also known as dynamic pricing, and what it could mean for businesses that price offers based on individual consumer data. The comment period is open through September 18, 2026, and we encourage businesses affected by this rulemaking to submit their comments before the window closes.
Chad wraps with a quick note on the passed, but not yet signed, SB 690, California’s newest bill relating to CIPA. Read more in our latest blog post: SB 690 Clears the Legislature: What California’s Narrowed CIPA Fix Means for Your Website.
