On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine.
K&L Gates
K&L Gates is a global law firm that publishes detailed legal analyses and updates on regulatory and legislative developments across various jurisdictions. Their blog content covers a broad range of legal topics including financial regulation, intellectual property law, corporate governance, and legislative reforms. The firm provides insights into changes in regulatory frameworks such as short selling regimes, trade mark systems, copyright amendments, and fund tokenisation. Their publications often focus on practical implications for compliance, procedural changes, and strategic considerations for clients operating in complex legal environments. K&L Gates' content is aimed at legal professionals, businesses, and stakeholders seeking informed perspectives on evolving legal landscapes.
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Oh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own
A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual…
United States: But Wait, There’s More–Names Rule FAQ
By: Thoreau A. Bartmann and Christine Mikhael
On 19 February 2026, the United States Securities and Exchange Commission (SEC) published additional FAQs regarding Rule 35d-1 of the Investment Company Act of 1940, as amended (Names Rule). As you may recall,…
United States: From Fast Track to Fine-Tuned: How the SEC’s New Form N-PORT Proposed Amendments Refine the Rules for Fund Reporting
By: Thoreau A. Bartmann and Christine Mikhael
On 19 February 2026, the SEC proposed further amendments to Form N-PORT (2026 Proposal). In August 2024, the SEC adopted amendments to Form N-PORT that required more frequent and accelerated reporting for registered…
United States: Who Could Have Guessed? Multiple Sponsors File for Prediction Market Based ETFs
By: Thoreau A. Bartmann, Todd S. Fishman, Kevin R. Gustafson, and Sarah V. Riddell
In the last week, multiple ETF sponsors filed for first-of-their-kind ETFs based on event contracts tied to political outcomes. These funds would invest…
United States: The Judge Speaks: The SEC’s New Enforcement Director Provides First Glimpse into Her Priorities
By: Thoreau Bartmann, Lance Dial, Stephen Topetzes, and Meghan Flinn
Judge Margaret Ryan, the newly-appointed director of the Enforcement Division of the Securities and Exchange Commission (SEC) gave her first public remarks this week. Given the “new…
United States: Saw This Coming: FINRA Proposes Rule Change to Permit Projected Performance
By: Jessica D. Cohn, Lance C. Dial, and Derek N. Lacarrubba
Everyone wants to know what tomorrow will bring, and FINRA has proposed amendments to Rule 2210 (Proposed Amendments) that would give broker-dealers more flexibility to communicate exactly…
Mixed Blessings: Decision on Appeal by Bunnings Against Privacy Commissioner’s Determination Re the Use of Facial Recognition Technology
By: Cameron Abbott and Rob Pulham
The Administrative Review Tribunal of Australia (Tribunal) has partially overturned the findings of the Privacy Commissioner on Bunnings’ use of facial recognition technology (FRT) in its stores.
The Tribunal found FRT use was permitted…
Social Media Misuse-A Cautionary Tale
We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to…
United States: Predicting the Future of Prediction Markets
By: Todd S. Fishman and Sarah V. Riddell
Prediction markets—once a niche for political mavens and crypto enthusiasts—are gaining traction as platforms become regulated entities and gamified tools attract a broader audience.
Unlike traditional sportsbooks, regulated platforms operate under Commodity…