March 2026
Privileged or Public? How Use of AI Can Undermine the Attorney-Client Privilege
Daniel Tranen
Use of public generative artificial intelligence (GAI) models like ChatGPT, Claude, and Google Gemini by lawyers and their clients has long carried privacy concerns. For the most part, those concerns were theoretical. They did not meaningfully deter attorneys seeking efficiency or clients attempting to reduce costs by posing legal questions directly to AI tools. That theoretical risk has now become real.
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline (Claire) Turtle
This article examines the doctrine of avoidable consequences and how it can be used to limit liability and reduce a claimant’s recoverable damages in construction defect cases.
New California Law Prohibits Fee Sharing with Alternative Business Structures
Carole J. Buckner
California legislation effective as of January 1, 2026, prohibits California lawyers and law firms from directly or indirectly sharing legal fees with an out-of-state “Alternative Business Structure”. The new law applies to contracts entered into on or after January 1, 2026.
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Editors
Carole J. Buckner
Partner
San Diego, CA
carole.buckner@wilsonelser.com
William F. McDevitt
Partner
Philadelphia, PA
william.mcdevitt@wilsonelser.com
Daniel E. Tranen
Partner
St. Louis, MO
daniel.tranen@wilsonelser.com