ROYAL OAK, Mich. – Brooks Kushman Shareholder John Rondini moderated a panel examining the legal and business risks emerging as artificial intelligence becomes more deeply integrated into corporate operations and legal workflows at the Association of Corporate Counsel (ACC) Annual Meeting 2026.
The session,“The ‘Unprivileged’ Machine: Navigating the New Wave of AI Discovery, Agency Liability, and Trade Secret Erosion,” brought together in-house legal leaders for a practical discussion of how AI is changing privilege, discovery, corporate liability, trade secret protection and litigation readiness.
Rondini, Co-Chair of Brooks Kushman’s AI & Data Privacy practice, moderated the panel featuring Heidi Nadel, Vice President, Global Litigation & Government Investigations at HP Inc.; Hih Song Kim, Chief Legal Officer & Corporate Secretary at Primo Brands; and Ralph Carter, Senior Counsel, Litigation & Cybersecurity Legal at Workday.
The panel addressed whether AI prompts and outputs may be protected by attorney-client privilege or the work-product doctrine, as well as how retention practices, vendor terms and the use of public AI tools can affect confidentiality and discoverability. The discussion also considered the expanding role of agentic AI, including questions surrounding authority, attribution, human oversight and responsibility when an autonomous system acts on a company’s behalf.
Trade secret protection was another central focus. The panel examined the risks created when confidential information is entered into third-party AI platforms and discussed safeguards involving approved systems, employee training, access controls, retention limits, deletion rights and restrictions on vendor use of company data.
The program also explored the treatment of AI-generated records in litigation holds and discovery protocols, including prompts, outputs, audit logs, metadata, tool histories and vendor agreements. Panelists further addressed lawyers’ continuing obligation to independently verify AI-assisted legal work, including citations, quotations and the underlying authority supporting a legal position.
The panel concluded with practical considerations for developing a cross-functional AI governance program involving legal, intellectual property, privacy, security and procurement teams. Recommended measures included maintaining an inventory of approved AI tools, establishing clear levels of permitted use, updating litigation-hold language, strengthening vendor standards and documenting human oversight of AI-influenced decisions.
Rondini’s participation in the ACC Annual Meeting reflects Brooks Kushman’s continued engagement with the legal and business issues arising at the intersection of intellectual property, technology, and emerging innovation. If you missed the presentation and want to discuss how AI works in your IP strategy you can contact John at jrondini@brookskushman.com.
About the Author
John Rondini is the Co-Chair of Brooks Kushman’s Intellectual Property Litigation practice and Co-Chair of the AI & Data Privacy practice, representing clients in patent disputes, cybersecurity and data privacy matters, and complex technology-related litigation. His practice also includes Patent Prosecution, Post-Grant Proceedings, and the negotiation of Licensing & Agreements. Drawing on his prior experience as a hardware design and software engineer, John counsels clients in the Automotive and Mobility Brands & Technology, Electrical & Computer Technology, and Information Technology Services & Software industries. He helps clients protect innovation, address data security risks, and develop intellectual property strategies aligned with their business objectives.
About Brooks Kushman P.C.
Founded in 1983, Brooks Kushman P.C. has built a national reputation as a premier intellectual property and technology law firm. We accomplish this with the understanding that the most effective IP solutions come from putting great minds together – our clients and our own. With offices across the country, we forge strong relationships with corporations, small to medium-sized businesses, and leading universities.
Brooks Kushman counts a number of Fortune 100 Corporations across a variety of industries among its clients. Our attorneys have a deep understanding and broad range of experience in a variety of industries and technologies, including automotive, AI & data, automation, consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, retail, food & beverage, green technology, fintech, and more. We are also recognized by leading legal publications and rankings, including, Best Lawyers, Law360, Intellectual Asset Management, Managing Intellectual Property, and World Trademark Review. For more information, please visit www.BrooksKushman.com.