In this episode of Regulatory Oversight’s “AI State Regulatory Frontiers” series, co-host Ashley Taylor is joined by colleagues Gene Fishel and Dan Waltz to examine how AI is reshaping expectations for attorneys, clients, and regulators. The discussion focuses on the emerging contours of privilege, work product, and ethics in an era where both attorneys and pro se litigants increasingly rely on AI tools. Using recent federal decisions as case studies, the episode explores how courts are beginning to draw lines around confidentiality, reasonable expectations of privacy, and the proper role of AI in legal work. The conversation then broadens to the growing patchwork of state bar opinions, court rules, and state regulatory activity on AI, and what that means for law firms and in-house counsel. Gene and Dan offer practical guidance on AI governance, platform selection, client counseling, and how to integrate AI into legal and corporate workflows in a way that is defensible, ethical, and aligned with evolving regulatory expectations.

Transcript: AI State Regulatory Frontiers: Emerging Issues on AI, Privilege, and Work Product in Legal Practice (PDF)

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Photo of Ashley L. Taylor, Jr. Ashley L. Taylor, Jr.

Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations…

Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations and enforcement actions, federal agency actions, and accompanying litigation.

Photo of Gene Fishel Gene Fishel

Gene is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) practice, based in the Richmond office. He brings extensive regulatory experience, having most recently served as senior assistant attorney general and chief of the Computer Crime Section in the Office

Gene is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) practice, based in the Richmond office. He brings extensive regulatory experience, having most recently served as senior assistant attorney general and chief of the Computer Crime Section in the Office of the Attorney General of Virginia, and as special assistant U.S. attorney in the Eastern District of Virginia for 20 years.

Photo of Daniel Waltz Daniel Waltz

Daniel is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and State Attorneys General team. He counsels clients in connection with navigating complex government investigations, regulatory compliance, and transactions, involving state and federal government contracting obligations. Drawing on

Daniel is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and State Attorneys General team. He counsels clients in connection with navigating complex government investigations, regulatory compliance, and transactions, involving state and federal government contracting obligations. Drawing on his broad experience as a former assistant attorney general for the state of Illinois, Daniel is a problem solver both inside and outside the courtroom.