Litigation Archives - Joshua D. Waterston, Esq.

When Your Expert Uses AI, the Prompts Are Fair Game: Reading the CLF v. Shell Order

On May 18, 2026, Magistrate Judge Thomas O. Farrish granted a motion to compel in Conservation Law Foundation, Inc. v. Equilon Enterprises LLC d/b/a Shell Oil Products US (D. Conn. No. 3:21-cv-00933), ordering the plaintiff to produce the artificial intelligence prompts and queries its expert used to build her report. The ruling is short. Its logic is the part worth your attention. CLF's expert, Dr. Naomi Oreskes, used an AI workflow to cull Shell's large document production down to a working subset for her analysis. When the defendants asked for the prompts and outputs behind that process, CLF resisted on [...Read More...]

As AI Risk Shifts to Customers, Contracts Matter More Than Ever

Joshua D. Waterston, Esq.2026-08-07T11:27:39-04:00May 21st, 2026|Artificial Intelligence, Contracts, Licensing, Litigation|

For years, business customers approached software contracting with a familiar expectation: if a vendor’s technology infringed someone else’s intellectual property rights, the vendor would defend the claim and cover resulting losses. As AI companies entered the enterprise market, those protections quickly became table stakes. That assumption is becoming increasingly unreliable. Litigation involving AI systems is accelerating. According to Prof. Edward Lee’s team at ChatGPTisEatingTheWorld.com, 111 copyright infringement cases involving AI have already been filed. Insurers are narrowing coverage. Vendors are narrowing indemnities. And businesses adopting AI tools are increasingly retaining risks that vendors once absorbed. When it comes to [...Read More...]