Attorney-Client Privilege and Generative AI: The Federal Split, New Federal Rules Amendments, and Defensible Review Workflows

Darryl R. Graham, Partner | Akerman LLP

Darryl R. Graham is a Partner in the Litigation practice at Akerman LLP, based in the firm’s New York and Miami offices, with a practice focused on Commercial Disputes. He is a federal and state litigation practitioner who regularly arbitrates domestic and international disputes before the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), and the International Chamber of Commerce (ICC). His nationwide trial and arbitration experience spans general commercial litigation, antitrust, product liability, real estate, hospitality, construction, and intellectual property claims. Darryl has tried cases to verdict in both state and federal court, conducted full merits hearings in arbitration, and secured multi-million-dollar verdicts awarded by jury and arbitral panels.

• Education & Credentials

Darryl earned his J.D. cum laude from the University of Miami School of Law in 2008, following a B.S.B.A. cum laude from the University of Florida in 2005. He is admitted to the bars of California, the District of Columbia, Florida, Massachusetts, New York, Wyoming, and England & Wales, and is a Solicitor of England & Wales. His court admissions include the U.S. Courts of Appeals for the Second and Eleventh Circuits; the U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California, the Middle, Northern, and Southern Districts of Florida, and the Southern and Eastern Districts of New York; and the U.S. Bankruptcy Courts for the Southern and Eastern Districts of New York.

• Recognition & Leadership

Darryl has been listed in Best Lawyers in New York for Commercial Litigation from 2021 through 2026, reflecting sustained peer recognition in his core practice area.

• Professional Involvement

Darryl is a member of the Chartered Institute of Arbitrators (CIArb), the New York City Bar Association (serving on the Hospitality Law Committee and the International Law Committee, and as a past member of the Arbitration Committee), the American Bar Association’s International Law Section, the International Bar Association, and the American Branch of the International Law Association. He co-authored “The Functus Officio Problem in Modern Arbitration and a Proposed Solution,” published by the New York City Bar in April 2021.

• Experience

Prior to joining Akerman, Darryl served as a law clerk to the Honorable Edwin G. Torres, U.S. Magistrate Judge, U.S. District Court, Southern District of Florida, from 2011 to 2013. He served as an Adjunct Professor at the University of Miami from 2015 to 2018, teaching Introduction to Business Law, and as an Adjunct Professor at Miami-Dade College from 2012 to 2014, teaching Business Law I and Legal Research. His representative matters include securing over $10 million in damages and injunctive relief for the boutique manager of the Bowery Hotel before the ICC; obtaining summary judgment against The Gap, Inc. in a first-of-its-kind COVID-era force majeure decision in the Southern District of New York (Gap Inc. v. Ponte Gadea New York LLC, 524 F. Supp. 3d 224); securing a $1.5 million jury verdict in a Miami-Dade trade secret action (Ortiz v. Strybuc Replacement Hardware, LLC, 247 So. 3d 492), affirmed by the Third DCA; representing the Trustee of Ampal-American Israel Corp. in a breach of fiduciary duty jury trial in the U.S. Bankruptcy Court, Southern District of New York; and representing a Fortune 1000 public company in matters arising from whistleblower allegations of corporate fraud and corruption.

Bryan M. Marra, Senior Attorney | Arnold & Porter Kaye Scholer LLP

Bryan M. Marra is a Senior Attorney at Arnold & Porter, based in the firm’s Washington, D.C. office, where he counsels clients in successfully navigating Department of Justice and Federal Trade Commission merger reviews and Second Requests, other government investigations, and complex antitrust litigation. He has particular expertise in leading all aspects of the e-discovery process, including the use of generative AI and technology-assisted review to make document discovery less burdensome. Bryan has represented clients in government investigations across a wide range of industries, including technology, media, telecommunications, pharmaceuticals, hospitals, and consumer products. His focus areas include Antitrust/Competition, eDiscovery & Data Analytics, Commercial Litigation, Technology & Media, and Healthcare.

• Education & Credentials

Bryan earned his J.D. magna cum laude from Georgetown University Law Center in 2002, following a B.A. with honors from the University of Wisconsin in 1998. He is admitted to practice in the District of Columbia.

• Recognition & Leadership

Bryan’s thought leadership on the intersection of generative AI and antitrust compliance has drawn industry recognition, including coverage in Lighthouse and JD Supra in June 2025 for his discussion of how AI is reshaping antitrust compliance practices.

• Professional Involvement

Bryan is a regular contributor to Arnold & Porter’s eData Edge: Navigating the Everchanging World of eDiscovery blog, where he has authored and co-authored a series of practitioner-focused pieces on the use of artificial intelligence and technology-assisted review in document discovery. His recent perspectives include “Generative AI for Privilege Review: Impressions and Considerations” (April 2026), “Ensuring a Secure ‘Hold’: Balancing Practicality and Privilege in Litigation Hold Notices” (March 2025), and “What’s Old is New Again: Why Document Review Protocols and Custodian Interviews Still Matter in AI-Driven eDiscovery” (March 2025).

• Experience

Bryan’s transactional experience includes representing Onex in connection with the sale of ASM Global to Legends; Pfizer in its $43 billion acquisition of Seagen Inc.; AT&T Inc. in its $85.4 billion stock-and-cash acquisition of Time Warner Inc., which was approved with no finding of liability after a Second Request and the first vertical merger trial and appeal in decades; General Electric in the $11 billion merger of Wabtec and GE Transportation, permitted to proceed without remedy after a Second Request investigation; Monsanto in its $66 billion acquisition by Bayer, which closed after a 20-month DOJ investigation involving what the DOJ characterized as “the largest negotiated merger divestiture ever required by the United States”; Komatsu Ltd. in its approximately $2.9 billion acquisition of Joy Global; Emanuel Medical Center in its sale to Tenet Healthcare; PepsiCo in its $7.8 billion acquisition of Pepsi Bottling Group and PepsiAmericas; Boston Scientific in its $27 billion acquisition of Guidant; and NBC in its $5.2 billion acquisition of Vivendi Universal Entertainment. His investigations and litigation experience includes representing AT&T/Time Warner and other companies in litigated merger challenges against the DOJ and FTC, multiple pharmaceutical companies in FTC and state attorney general investigations involving Hatch-Waxman patent litigation settlements and lifecycle management practices, a global pharmaceutical company in defense of antitrust class actions where he defeated indirect purchaser class certification, and an auto parts maker in an FTC investigation that closed without action.

Nick Peterson, Of Counsel | Wiley Rein LL

Nick Peterson is Of Counsel at Wiley Rein LLP in Washington, D.C., and a trusted advisor to companies and executives confronting high-stakes government investigations, enforcement actions, and complex litigation. He counsels clients on potential civil and criminal exposure, whistleblower allegations, and sensitive ethics and compliance issues, guiding them through every stage of government scrutiny, including parallel civil and criminal proceedings. Nick has extensive experience representing government contractors, multinational companies, nonprofit organizations, and senior executives in matters involving allegations of fraud, bribery and kickbacks, human trafficking, regulatory violations, and other malfeasance. He regularly defends clients in False Claims Act litigation and other complex disputes and represents companies in investigations conducted by the U.S. Department of Justice and a range of federal enforcement and oversight agencies. Drawing on his prior experience as a federal special agent, Nick brings a practical, inside perspective to government investigations, helping clients anticipate enforcement strategies, manage risk, and navigate interactions with regulators and prosecutors. His practice spans defense, environmental, aviation, health care, technology, and consumer products, and he is an active thought leader on the False Claims Act, government enforcement, whistleblower issues, and emerging areas of compliance.

• Education & Credentials

Nick earned his J.D. from the University of Virginia School of Law, where he served on the Editorial Board of the Virginia Environmental Law Journal, following a B.A. cum laude from Davidson College. He is admitted to the District of Columbia Bar and the Virginia Bar, and to practice before the U.S. Courts of Appeals for the District of Columbia Circuit and the Fourth Circuit, as well as the U.S. District Courts for the District of Columbia and the Eastern District of Virginia.

• Recognition & Leadership

Nick was named a “Recommended Lawyer” in Corporate Investigations and White-Collar Criminal Defense by The Legal 500 US in 2019, and he received the 2015 Burton Award for Distinguished Legal Writing. He serves as Treasurer of the William B. Bryant American Inn of Court and has served as a Board Member and Past President of the Boys & Girls Clubs of Greater Washington from 2017 to the present.

• Professional Involvement

Nick is a member of the Federal Bar Association’s Qui Tam Section and the American Bar Association’s White Collar Crime Committee within the Business Law Section. He regularly publishes articles and speaks at conferences, podcasts, and webinars on the False Claims Act, government enforcement, and emerging compliance issues. His recent contributions include the Wiley Government Contracts podcast episode “Under the Microscope: Navigating Congressional Oversight and Investigations” (April 2026), the ACC NCR program “The Changing Face of the FCA” (April 2026), and the client alert “EO 14398 Imposes New DEI-Related Contract Clauses, Audit Rights, and FCA Risks for Federal Contractors and Subcontractors” (April 2026).

• Experience

Before private practice, Nick served as a Special Agent (Hazardous Materials Specialist) with the Federal Aviation Administration from 2002 to 2004, and as a Civil Aviation Security Specialist and Special Agent with the Transportation Security Administration in 2002. His litigation experience includes defending a facility operations and maintenance company in litigation involving alleged False Claims Act violations arising from small business set-aside contracts; representing a defense contractor in litigation involving alleged FCA, civil RICO, and human trafficking violations in Afghanistan and Kuwait; defending a major defense contractor in FCA litigation arising from the death of an employee during a training exercise; representing an IT company in FCA and retaliation litigation brought by a former employee; defending a translation and interpretation contractor in a putative class action involving the Defense Base Act and Americans with Disabilities Act; and representing pesticide companies in litigation challenging regulatory findings by the National Marine Fisheries Service and the U.S. Environmental Protection Agency. His investigations and enforcement experience includes representing a nuclear facility operator in parallel criminal and civil investigations involving whistleblower allegations of timekeeping fraud; conducting an internal investigation for a defense contractor involving allegations of bribery, kickbacks, and potential Foreign Corrupt Practices Act violations in Kuwait; representing a defense contractor in a military investigation and related court-martial proceedings; representing an IT company in Defense Contract Audit Agency and Defense Contract Management Agency audits; representing a defense contractor in a Defense Criminal Investigative Service investigation concerning a U.S. government contract in Europe; conducting an internal investigation for a major nonprofit in response to whistleblower allegations involving federal and state grants; representing the COO of a global logistics company in parallel criminal and civil investigations involving alleged Transportation Security Administration violations; and representing multiple consumer product retailers in Federal Aviation Administration enforcement actions involving hazardous materials regulations.

SESSION 1 – The Federal Split and Defensible AI Privilege Review Infrastructure | 1:00pm – 2:00pm

Examines the first federal split on AI privilege waiver through Heppner and Warner, then turns to procedural and contractual infrastructure attorneys must build: December 2025 FRCP amendments, tailored 502(d) claw-back orders, AI-specific protective order provisions, and vendor DPAs.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Privilege Logging vs. Classification: Validating AI-Assisted Workflows | 2:10pm – 2:40pm

Defines distinct use cases for AI-assisted privilege logging and classification, covering risk profiles, quantitative validation metrics including precision, recall, elusion, null set testing, statistical sampling, and human-in-the-loop oversight supporting attorney certification under FRCP Rule 26(g).

SESSION 3 – Supervising Outside Counsel’s Use of AI in Privilege Reviews | 2:40pm – 3:10pm

Provides a framework for assessing outside counsel’s AI use, workflow transparency, validation, quality control, and data governance and explores reusable corporate brain assets, classification taxonomies, and contractual ownership, portability, and no-training commitments.