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L Suite Webinar: AI as Exhibit A - Navigating Privilege in the Age of Generative AI

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As organizations increasingly integrate generative AI into their legal and business operations, preserving attorney-client...

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As organizations increasingly integrate generative AI into their legal and business operations, preserving attorney-client privilege and work-product protection has become a critical consideration. While recent court decisions and evolving ethical guidance are beginning to provide direction, significant legal and practical questions remain.Morrison Foerster and an in-house legal leader hosted a discussion examining how legal departments are preserving privilege and managing risk as generative AI becomes embedded in everyday legal workflows. The program explored emerging case law, ethical considerations, real-world use cases, and practical strategies for leveraging AI responsibly while safeguarding privileged communications and work product.<hr>

L Suite Webinar: AI as Exhibit A - Navigating Privilege in the Age of Generative AI

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Marjorie Soto Garcia is a partner in the firm’s Global Employment + Labor Group. She advises employers on a broad range of labor and employment matters, including wage and hour and employment litigation and compliance, traditional labor issues, complex transactions, and workforce-related issues involving artificial intelligence and emerging technologies. Marjorie represents employers in employment-related disputes in state and federal courts, including defending actions involving discrimination, harassment, retaliation, class and representative actions involving wage and hour claims, Private Attorneys General Act (PAGA) claims, Fair Labor Standards Act (FLSA) claims, and Fair Credit Reporting Act (FCRA) allegations. She also represents employers in collective bargaining matters, union election proceedings, and unfair labor practice charges before the National Labor Relations Board (NLRB). A significant focus of Marjorie’s practice involves counseling employers on workplace issues relating to artificial intelligence, including the use of AI tools in hiring, payroll, timekeeping, monitoring, workforce and performance management, and reductions in force across all 50 states. She also regularly counsels employers on AI bias audits, workplace governance, and bespoke workplace policies and training. Fluent in Spanish, Marjorie also advises clients on Spanish-language workplace policies and regularly works with Spanish-speaking witnesses and parties throughout litigation, investigations, and labor matters. Marjorie frequently speaks on labor and employment law issues, with a focus on workplace technology and artificial intelligence. <h4>Representative Experience </h4><ul><li>Obtained dismissal of an FLSA nationwide class action alleging bias claims in connection with wage and hour policies on behalf of a large American multi-brand restaurant operator. </li><li>Obtained dismissals of multiple statewide California wage and hour class actions and PAGA actions including at the pleadings stage. </li><li>Defeated motion for class certification of an FCRA class action on behalf of a national client and plaintiff’s subsequent appeal of the class certification denial. </li><li>Secured federal and state dismissals of multimillion-dollar FCRA class actions on behalf of an international client. </li><li>Successfully appealed and reversed an order denying a motion to compel arbitration in the Second District Court of Appeal of the California Courts of Appeal on behalf of a food services client. </li><li>Achieved dismissals and withdrawals of multiple unfair labor practice charges before the NLRB, including novel challenges to operational decisions, for a tech and media company. </li><li>Succeeded in complete dismissals of unfair labor practice charges before the NLRB for an international retail client. </li><li>Obtained the dismissal of NLRB unfair labor practice charges challenging return to office plans on behalf of a media company.</li></ul>

Marjorie Soto Garcia

Partner

Andrew Turnbull is a partner in the firm’s Global Employment + Labor Group and co-leader of the firm’s Anti-Bias Strategy + Defense Task Force. He has extensive experience advising, defending, and investigating high stakes and class discrimination, harassment, and whistleblower claims, including enforcement actions by EEOC, DOL, DOJ Civil Rights, ICE, and similar state agencies.  He is also well versed in defending and pursuing employee mobility and trade secret misappropriation claims, including breach of non-competes, non-solicits, and non-disclosures claims as well as and duty of loyalty and trade secrets claims. Andrew also routinely defends and advises companies, board of directors, and executives on the significant reputational, business, and compensation issues arising from executive disputes.A primary focus of Andrew’s practice involves helping companies handle the unique employment issues and challenges from doing business with the federal government, including:<ul><li>Defending whistleblower qui tam and retaliation claims under the False Claims Act, the National Defense Authorization Act, and other whistleblower laws;</li><li>Advising and defending government investigations and litigation under the Service Contract Act, the Davis-Bacon Act, and other prevailing wage laws;</li><li>Compliance and litigation defense relating to federal and state affirmative action requirements and DEI related risks;</li><li>Advising on unique compliance issues for federal contractors, such as mitigating discrimination risks when screening for export control compliance under ITAR and EAR, conducting E-Verify audits and compliance, and navigating the Drug-Free Workplace Act.</li></ul>Andrew is problem-solver. He routinely provides clients from Fortune 100 companies to startups with practical and business-minded risk mitigation strategies for various employment and labor issues, including:<ul><li>Developing DEI, affirmative action, pay transparency, antidiscrimination, and antiharassment programs and policies;</li><li>Conducting pay equity studies, adverse impact analysis, and bias testing of employment tests and tools, including for artificial intelligence;</li><li>Developing trade secrets protection and restrictive covenants strategies;</li><li>Reductions in force, furloughs, and high-risk terminations;</li><li>Risks related to 1099s and other contingent workers; and</li><li>Risks related to I-9 and E-Verify compliance, audits, and raids.</li></ul>Andrew also advises companies and executives on a wide range of employment agreements, including drafting and negotiating executive employment agreements, separation agreements, non-competes and non-solicits, and commission and bonus plans.Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.Prior to joining private practice, Andrew worked as a human resources manager for a company recognized on the Inc. 500, an annual list of the fastest-growing private companies in the United States.  Andrew received his J.D. with honors from the George Washington University Law School, where he served as a notes editor for The George Washington Law Review.  While in law school, Andrew interned at the Commercial Litigation Branch of the U.S. Department of Justice.Andrew is an active member of the steering committee of the Washington Metro Industry Liaison Group.

Andrew Turnbull

Artificial Intelligence (AI)

Technology

Employment + Labor

L Suite Webinar: AI as Exhibit A - Navigating Privilege in the Age of Generative AI

14 Jul 2026