Generative AI in Litigation: Privilege, Work Product, and Protective Orders

Jason Loring, Partner, Member | Jones Walker LLP

Jason Loring is a partner in the Corporate Practice Group at Jones Walker and a member of the firm’s commercial transactions team, where he co-leads the firm’s Privacy, Data Strategy, and Artificial Intelligence team from the Atlanta office. He advises clients on data privacy and protection, cybersecurity, data governance, breach response, data strategy, and artificial intelligence and machine learning, as well as strategic technology transactions and related commercial matters. Jason represents publicly traded corporations, privately held companies, government entities, not-for-profits, and other enterprises, and provides forward-thinking counsel on global data privacy laws including the EU and UK GDPR, HIPAA, GLBA, COPPA, the EU AI Act, the NIST AI Risk Management Framework, and state privacy statutes such as the CCPA, CPRA, and BIPA.

• Education & Credentials

Jason earned his JD from Wake Forest University School of Law in 2006, where he served on the editorial staff of the Wake Forest Law Review, and holds a BA in History from the College of Charleston, conferred in 2003. He is admitted to the State Bar of Georgia. He holds the Certified Information Privacy Manager (CIPM) and Certified Information Privacy Professional, United States (CIPP/US) certifications from the International Association of Privacy Professionals (IAPP).

• Recognition & Leadership

The International Association of Privacy Professionals has bestowed on Jason the prestigious honor of being a Fellow of Information Privacy (FIP). He co-leads the firm’s Privacy, Data Strategy, and Artificial Intelligence team and serves on the Board of Directors of the Atlanta Bar Association’s Privacy and Cybersecurity Section, on the Executive Committee of the State Bar of Georgia’s Privacy & Technology Law Section, and as a Senior Advisor to the Atlanta CofC Club.

• Professional Involvement

Jason is a member of the IAPP, the Atlanta Bar Association’s Privacy and Cybersecurity Section (Board of Directors), the State Bar of Georgia’s Privacy & Technology Law Section (Executive Committee), and the State Bar of Georgia’s Special Committee on Artificial Intelligence and Technology. He is an active author and speaker, with publications in Bloomberg Law, Law360, and the Chambers Global Practice Guide, and speaking engagements at the Life Sciences AI Summit, IAPP KnowledgeNet, the State Bar of Georgia Privacy & Technology Law Forum, and the Practising Law Institute’s Annual Institute on Privacy and Cybersecurity Law.

• Experience

Jason began his career in private practice in Atlanta before holding senior leadership positions at several market-leading global providers of strategic business consulting, financial services, enterprise data, and business-process solutions. Prior to joining Jones Walker, he served as senior vice president, deputy chief legal officer, and global head of privacy and data protection for Vialto Partners. He previously served as chief privacy and security counsel, Americas, for EY; as assistant general counsel, corporate services, for E*TRADE Financial Corporation; and as counsel, global enterprise solutions, for ADP.

David A. Sergenian, Founder | Sergenian Law LLP

David A. Sergenian is the Founder of Sergenian Law, P.C., based in Santa Monica, California. He concentrates his practice in copyright, trademarks, trade secrets, partnership and startup disputes, appellate practice, and general commercial litigation, and also has extensive experience in patent law, securities litigation, entertainment litigation, and employment actions. He has represented clients on both sides of the “v.”—including numerous Fortune 500 companies—in litigations, trials, arbitrations, and alternative dispute resolutions.

• Education & Credentials

David earned his J.D. from the University of Virginia School of Law in 2003. He also holds an M.A. in Philosophy & Literature from New York University, conferred in 2000, and a B.A. in Liberal Arts from New School University, conferred in 1999. He is admitted to the California State Bar and to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Court for the Central District of California, the U.S. District Court for the Northern District of California, and the U.S. District Court for the Southern District of California.

• Recognition & Leadership

David has been recognized as a Super Lawyer in Southern California for General Litigation from 2021 through 2026. He is the Founder of Sergenian Law, P.C., and serves as outside General Counsel to The French Conservatory of Music.

• Professional Involvement

David serves as outside General Counsel to The French Conservatory of Music. His representative matters include serving Fortune 500 companies, film production companies and major studios, investment management firms, prominent real estate developers, broadcasters, utility companies, internet startups, whistleblowers in securities fraud disputes, television production companies, and well-known individual clients in jury trials, bench trials, appellate matters, arbitrations, and mediations.

• Experience

David is the Founder of Sergenian Law, P.C. in Santa Monica, California, where his practice focuses on copyright, trademarks, trade secrets, partnership and startup disputes, appellate practice, and general commercial litigation, with additional experience in patent law, securities litigation, entertainment litigation, and employment actions. Before founding Sergenian Law, he practiced at Quinn Emanuel Urquhart & Sullivan and at Glaser Weil Fink Howard Avchen & Shapiro. Before law school, he worked as a film and video editor in feature films, documentaries, and television. His representative matters span IP disputes, patent litigation, trade secrets and breach of fiduciary duty trials, real estate and partnership disputes, securities fraud, employment claims, and entertainment matters, with notable results including defense verdicts affirmed on appeal, a complete defense judgment affirmed by the Federal Circuit, and favorable settlements for Fortune 500 broadcasters, investment management firms, real estate developers, utility companies, and prominent individual clients.

SESSION 1 – The Warner, Tremblay, and Morgan Split | 2:00pm – 3:00pm

Analyze the emerging doctrinal divide across Warner v. Gilbarco, the Tremblay/Concord Music line, and Morgan v. V2X. Develop arguments for and against work product protection of AI inputs and outputs in your jurisdiction.

BREAK | 3:00pm – 3:10pm

SESSION 2 – Work Product for AI Prompts and Outputs | 3:10pm – 4:10pm

Examine how Rule 26(b)(3) and Hickman v. Taylor apply to AI prompts, outputs, and platform metadata. Learn to identify which AI-generated materials qualify as opinion versus fact work product and preserve protection during discovery.