M&A Discovery in the AI Era: Generative AI Communications and Outputs May Become Litigation Ammunition

The rise of AI use in deal processes, whether for analyzing term sheets, summarizing due diligence findings, or identifying mark-up issues, creates an emerging category of potentially discoverable evidence. No practitioner wants their or their clients’ prompts, threads or other content to be used against their clients in earnout litigation, breach claims or other post-closing disputes.... By: Mayer Brown