Date: Sept. 23, 2026
Time: 9 a.m. to 1 p.m. 
Location: Walker Art Center

(Don’t) Rock the Boat: Navigating Family Dynamics in the Transfer of Wealth

This year’s program focuses on how to chart the waters of wealth and legacy while avoiding the rocks of sensitive family dynamics. On the surface, familial wealth conflicts appear to be about money. But confronted with behaviors like fixation on the distant past, attachment to particular items as a stand-in for parental affection, and the withholding of information as a means of control, those who mitigate, mediate, and litigate such disputes know that there are deeply personal issues beneath the surface, straining relationships and interfering with administration of the trust or estate.

At this half-day seminar, learn how to stay the course in these scenarios and more by leveraging effective family meetings to reach common ground, helping clients focus on their “north star” objectives when things get choppy, and cultivating acceptance in those committed to rowing in the other direction.

Agenda

• 9-9:30 a.m. | Registration & Breakfast
• 9:30-9:50 a.m. | Keynote: Utilizing Your EQ in Assessing and Navigating Family Dynamics
• 9:50-10:40 a.m. | Panel 1: To Be Announced
• 10:40-10:55 a.m. | Break
• 10:55-11:45 a.m. | Panel 2: To Be Announced
• 11:45 a.m.-1 p.m. | Networking Lunch

Keynote | Utilizing Your EQ in Assessing and Navigating Family Dynamics

Hearkening to Leo Tolstoy’s opening line of "Anna Karenina": "All happy families are alike; each unhappy family is unhappy in its own way," Judge Gail T. Kulick will draw upon her judicial and mediation experience to address the importance of emotional intelligence (EQ) in untangling the quagmire of familial conflict present in planning and probate matters. Judge Kulick will share her insights on how the ability to not only regulate your own emotions but also understand the emotions and motivations of your clients and their family members helps manage these dynamics, provides space to hear and be heard, and, ultimately, works towards a fair resolution.

Keynote Speaker: Judge Gail T. Kulick (Ret.)

Judge Kulick is a 1985 graduate of the University of Minnesota Law School. For 31 years she practiced primarily in the areas of real property, including serving as the Mille Lacs County examiner of titles, estate planning, and probate, until her appointment to the Mille Lacs County bench in 2016. Judge Kulick was elected to the Minnesota House of Representatives in 2008 and served one term. She also served the Mille Lacs Band of Ojibwe as commissioner of corporate affairs, acting as CEO of Grand Casino Mille Lacs and Grand Casino Hinkley from 2011 to 2012. She is a member of the Minnesota State Bar Association, including the Real Property and Probate, Trusts and Estates sections.

Additional information to follow. Please contact us to learn more.

Prior Forums:

Location, Location, Location: Strategies for Administering and Litigating Trusts Across State Lines (Sept. 16, 2025)

Maslon's Inaugural Forum on Wealth Management and Litigation (Sept. 12, 2024)

Additionally, Michael Sampson has been recognized on the 2026 Top 100 list and Keiko Sugisaka was named to the Top 50 Women list. The Top 100 and Top 50 Women lists represent Minnesota lawyers who received the highest point totals during the nomination, research, and peer review process.

Maslon attorneys recognized on the 2026 Minnesota Super Lawyers list are:

• Jevon Bindman: Business Litigation
• Nathan Brandenburg: Real Estate
• Margo Brownell: Insurance Coverage
• Judah Druck: Insurance Coverage
• Bryan Freeman: Insurance Coverage
• Erica Holzer: Business Litigation
• Mary Knoblauch: Employment & Labor
• Terri Krivosha: Business/Corporate
• Stephanie Laws: Personal Injury, Products – Defense
• Jason Lien: Construction Litigation
• Susan Link: Estate & Probate
• Jim Long: Franchise/Dealership
• Susan Markey: Business/Corporate
• Michael McCarthy: Business Litigation
• William Pentelovitch: Business Litigation
• Jason Reed: Bankruptcy: Business
• Matthew Robinson: Business Litigation
• Michael Rosow: Creditor/Debtor Rights
• Michael Sampson: Estate & Probate
• Steve Schleicher: Criminal Defense: White Collar
• Jonathan Septer: Real Estate
• David Suchar: Construction Litigation
• Keiko Sugisaka: Personal Injury, Products – Defense
• Amy Swedberg: Bankruptcy: Business
• Julian Zebot: Estate & Trust Litigation

Maslon attorneys recognized on the 2026 Minnesota Rising Stars list are:

• Nathaniel Ajouri: Business Litigation
• Jack Austin: Estate Planning & Probate
• Carmen Carballo: Business Litigation
• Clayton Carlson: Business Litigation
• Anna Condon: Business Litigation
• Leah DeGrazia: Real Estate
• Jessica Karp: Business/Corporate
• Jeremy Krahn: Business Litigation
• Evan Nelson: Estate & Trust Litigation
• Michael Sheran: Business Litigation
• Erin Snyder: Banking
• Emily Taylor: Business Litigation

Rising Stars are attorneys who are either 40 years of age or younger or in practice for 10 years or less.

Super Lawyers and Rising Stars are selected using a multiphase process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on the following 12 indicators of peer recognition and professional achievement: verdicts and settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar and/or other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background, and other outstanding achievements. Selections are made on an annual, state-by-state basis. View full details on the selection process.

The Minnesota nonprofit aims to increase access to the legal system by providing assistance in transactional matters to limited-resourced entrepreneurs, business owners, inventors, and nonprofits.

To learn more about their work, please go to: LegalCORPS.

At Maslon, Jeremy advises privately held companies, private equity funds and sponsors, and strategic investors through both buy- and sell-side mergers and acquisitions. He also provides a wide variety of general corporate and outside counsel services for entrepreneurs and privately held businesses, including drafting and negotiating commercial contracts, corporate reorganizations, buy-sell agreements, and business succession agreements; advising on governance issues; and ensuring regulatory compliance.

Maslon attorney Martin Rosenbaum formerly served on the LegalCORPS board.

Nate advises real estate clients on acquisitions, sales, 1031 exchanges, development, leasing, and financing. He also represents lenders in commercial loan transactions. For business clients, he serves as outside general counsel, guiding company leaders through mergers and acquisitions, succession planning, financing, and other business matters. He has significant experience in working with auto, marine, and equipment dealerships.

Nate’s expertise is enhanced by his prior service on the board of directors of Voyager Bank and its holding company, including serving on the bank’s director loan committee.

While earning his law degree from the University of Iowa College of Law, Nate served as executive editor of the Iowa Law Review. He earned his bachelor’s degree in architecture and political science from Washington University in St. Louis.

The Law Firm Pro Bono Challenge is a commitment made by major law firms around the country to devote at least 3% of their annual billable hours or a set number of hours per attorney to the provision of pro bono legal services to low-income and disadvantaged individuals, families, and nonprofit groups. The challenge is administered by the Law Firm Pro Bono Project of the Pro Bono Institute.

Sixty percent of Maslon's attorneys participated in qualifying pro bono work in 2025. In total, Maslon attorneys contributed 3,802 of their hours to pro bono service in 2025. Maslon's 2025 pro bono service included:

• Securing asylum for a longtime pro bono client who had suffered ostracism, discrimination, a knife attack, and death threats because of his sexual orientation in his home country of Ghana.
• Working with the Great North Innocence Project to win a pardon for a man who served 10 years in prison for a crime he did not commit.
• Joining a nationwide coalition of law firms in an amicus brief in support of law firm Perkins Coie’s lawsuit challenging the executive order issued against it for representing political and legal adversaries of the president, as well as for maintaining diversity, equity, and inclusion programs.
• Successfully representing a tenant in his appeal in an unlawful lockout case.
• Representing the ACLU of Minnesota in a lawsuit filed in December 2025 against Freeborn County, Minnesota, for illegal use of immigration-related agreements.
• Providing legal advice to clients through community partners' legal clinics, including the Volunteer Lawyers Network Legal Access Point Clinic, Wills for Heroes, and LegalCORPS.
• Representation of minors involved in child protection proceedings in partnership with the Children's Law Center of Minnesota.
• Through referrals from Advocates for Human Rights, representation of asylum applicants from Afghanistan, El Salvador, and Nigeria who were forced to flee their countries.

"It is our privilege as attorneys to work on behalf of those who would not otherwise have access to legal representation," said Jevon Bindman, partner and chair of Maslon's Pro Bono Committee. "Pro bono work is also our moral and ethical responsibility. It is fundamental to the integrity of the judicial system and maintains our firm's long-standing commitment to community service."

In "The In-House Counsel’s Guide to Noncompetes and Other Restrictive Covenants," the attorneys and their in-house counsel panelists discuss what companies need to be thinking about when using restrictive covenants with employees and how they can best navigate the changing enforcement landscape.

Moderator:

Michael Sheran, Partner, Maslon

Panelists:

John Duffey, Partner, Maslon
Melissa Muro LaMere, Partner, Maslon
Jana Bruder, Senior Vice President, Associate General Counsel, U.S. Bank
Mary Heath, Corporate Counsel, Bio-Techne

Maslon is a co-sponsor of the event.

To register, go to ACC MN 15th Annual In-House Counsel Conference.

ACC Minnesota will seek approval with the Minnesota State Board of Continuing Legal Education for 1.0 hour of standard CLE credit.

Construction – Band 1
Notably, the Construction & Real Estate Litigation group and its co-chair, David Suchar, were ranked Band 1 in Minnesota, the highest possible rating. (David has been at the top rank for three consecutive years.) Only two other firms and five other attorneys attained that ranking in Minnesota. Jason Lien, who co-chairs the practice group with David, and Jevon Bindman were also ranked in Construction.

Product Liability Litigation – Band 1
The Tort & Product Liability group and its co-chairs, Katie Maechler and Stephanie Laws, were ranked Band 1 in Minnesota in Product Liability Litigation, a new category for Chambers. Only four other firms and seven other lawyers in Minnesota attained that ranking.

The 2026 edition of Chambers USA notes the following:

• Steve Schleicher was ranked Band 1 in White Collar Crime & Government Investigations for the fourth consecutive year and was also ranked in General Commercial Litigation.
• Susan Markey was ranked for the third year in a row for Corporate/M&A.
• Jon Septer was ranked for the third year in a row for Real Estate, the group he chairs.
• Bryan Freeman was ranked for the second year in a row in General Commercial Litigation; he co-chairs the firm’s Litigation practice group.
• The General Commercial Litigation and Corporate/M&A groups were ranked once again.
• The Real Estate group was newly ranked this year.

The rankings are the result of extensive client interviews and research to assess technical legal ability, client service, business understanding, value, team depth, and other qualities most valued by clients.

To view Maslon's full Chambers USA rankings, go to: Chambers USA Guide 2026.

About Chambers and Partners
Since 1969, London-based Chambers and Partners has published world-famous guides to the legal profession. A team of 200 editorial and research analysts conducted thousands of one-on-one interviews with in-house counsel and third-party experts for the Chambers USA Guide 2026.

Maslon attorneys recognized in the Legal 250 for 2026 are:

John Duffey – Business Litigation

Katie Eisler – Mergers & Acquisitions

Bryan Freeman –  Business Litigation

Erica Holzer – Appellate Attorneys

Eran Kahana – Emerging Technologies

Brian Klein – Finance & Banking

Jason Lien – Construction Law

Susan Markey – Mergers & Acquisitions

Jason Reed – Finance & Banking

Michael Sampson – Family Law & Estate Attorneys

Steve Schleicher – Defense Attorneys

Jonathan Septer – Real Estate Attorneys

David Suchar – Construction Law

Julian Zebot – Family Law & Estate Attorneys

To see individual profiles of the honorees, go to Minnesota Lawyer Legal 250.

Maslon attorneys recognized as 2025 North Star Lawyers are as follows:

Nathaniel Ajouri
CB Baga
Jevon Bindman
Carmen Carballo
Clayton Carlson
Emilio Giuliani III
Peter Hennigan
Erica A. Holzer
Susan J. Link
Jim Long
Matthew Loven
Annika Misurya
Evan A. Nelson
Anna Petosky
Jill Petrovic
Jonathan Septer
Haley-Rose Severson
Keiko Sugisaka
Emily Taylor
Laura Trahms-Hagen
Jeremy Walls

In addition to the MSBA's North Star Lawyers program, Maslon's long-standing commitment to pro bono work includes participation in the Pro Bono Challenge, a unique, aspirational pro bono standard developed by law firm leaders and corporate general counsel, which the firm has met in each of the past 11 years. Participating law firms acknowledge their institutional, firm-wide commitment to provide pro bono legal services to low-income and disadvantaged individuals and families and nonprofit groups.

For more information, go to: Minnesota State Bar Association's North Star Lawyer Program.

For many founders and family business owners, selling the company is a once-in-a-lifetime decision—with significant personal and financial considerations that go far beyond finding the right buyer. But with preparation, clarity, and the right advisors at the table, you can emerge from your transaction with the flexibility and legacy you have worked so hard to build. Whether you are seriously contemplating the sale of a business, or just exploring your options, this half-day seminar led by seasoned M&A advisors is designed to demystify the process and position you for success.

We’ll begin with a practical update on the current M&A market, including buyer appetite and timing considerations. From there, we’ll explore how the right deal team can influence valuation, minimize tax exposure, manage complexity, and add value long before a letter of intent is signed. We’ll conclude with behind-the-scenes stories of deals gone wrong—and common pitfalls to avoid.

Twin Cities Business is the media partner for the event. To register, go here: Behind the Deal. The cost to attend is $25, with proceeds going to LegalCORPS.

LOCATION

Machine Shop
300 2nd St. SE
Minneapolis 55414

AGENDA

1:30 p.m. | Registration and Networking

2:00 p.m. | Program

4:00 p.m. | Reception

5:00 p.m. | Event Concludes

PROGRAM DETAILS

2-2:15 p.m. Session One | Signals Through the Noise: Making Sense of a “Weird” Market

This no-nonsense market update breaks down what’s really happening in today’s M&A market—beyond the headlines—including trends in buyer demand, financing, and deal terms. While the market may feel uncertain, activity remains strong, and quality businesses are in short supply—driving consistent interest from buyers, including private equity. We’ll replace anxiety with clarity and leave you with an actionable perspective on why it may be a compelling time to go to market.

Presenter: Mike Hirschberg, Managing Director, Franklin Partners, Inc.

2:15-3 p.m. Session Two | Your Deal Team, Your Outcome: Selecting Advisors That Maximize Value

In this panel discussion, experienced M&A professionals unpack how the right deal team can materially impact valuation, reduce tax leakage, manage process complexity, and help you navigate emotional decision-making. Panelists will discuss why the advisors you have today may not be the ones you need for your transaction, and why companies of all sizes need sophisticated expertise on their side. The session will leave you with a clear understanding of whom to engage, when to engage them, and how a good deal team can advise on optimal go-to-market timing, position your company for maximum valuation—whether sale is imminent or years away—and then drive the deal across the finish line.

Moderator: Rick Nordvold, Co-Founder & CEO, Growth Operators

Panelists:

• Katie Eisler, Partner, Chair of Corporate & Securities Group, Maslon LLP
• Mike Hirschberg, Managing Director, Franklin Partners, Inc.
• Tiffany Hovland, Managing Director, Growth Operators

3-3:15 p.m. Break

3:15-4 p.m. Session Three | Been There, Dealt with That: Laying Bare the Challenges of Sealing the Deal

Speaking to the good, the bad, and the ugly of past deal processes, this panel of M&A advisors and an exited founder will illuminate the pitfalls that can stall—or even kill—the sale of your business. Panelists will share how you can avoid being kept up at night by issues with employees, landlords, taxes, and more. The lessons we’ve learned will chart the unexpected, preparing you with the foresight to mitigate these issues before they crop up in your sale process.

Moderator: Rick Nordvold

Panelists: 

• Blair Budlong, Exited Founder, DecksDirect
• Joel Fischer, Managing Director, Franklin Partners, Inc.
• Susan Markey, Partner, Member of Firm Board of Directors, Maslon LLP

The summit is a complimentary half-day event for women business owners who want to grow their business or are looking to sell their company within the next few years.

Register here: Women’s Business Summit.

LOCATION

Maslon LLP
225 South Sixth Street
Minneapolis, MN 55402

AGENDA

1:30 p.m. | Registration & Networking

1:45-1:50 p.m. | Opening Remarks and Introductions

Nicole Middendorf, Wealth Advisor, Raymond James Financial Services; CEO, Prosperwell Financial

1:50-2:40 p.m. | Panel Discussion: Business Exit Strategies to Consider

Panel discussion moderated by Dyanne Ross-Hanson, with panelists Nicole Middendorf, Susan Markey, Katie Monger, and Jo Trahms.

• How early should you begin planning to sell your business?
• Exit/transition options, and the advantages/disadvantages of each
• What your company is worth, and ways to increase value prior to a sale
• Role of a CPA, attorney, wealth advisor, and investment banker during a transaction
• Best practices for women business owners
• Readiness planning
• Q&A

2:40–3:05 p.m.: Break: Refreshments, Networking, and Connecting with Vendors

3:05–3:55 p.m.: Roundtable Discussion: Your Top Questions Answered by Successful Women Business Owners

Panel discussion moderated by Dyanne Ross-Hanson, with panelists Hillary Spreizer, Jill Haspert, Ashley Hawks, and Kathryn Tunheim.

• Buying, selling, and growing your business
• What do you know now that you wish you knew then?
• Q&A

3:55–4 p.m.: Closing Remarks

4-5 p.m.: Networking Reception

Jevon was presented with the award at the 2026 Annual Banquet, held on April 30. Past honorees include litigation Partner Erica Holzer and the late David Herr.

Jevon works with clients in a range of industries, with a focus on assisting policyholders in insurance coverage disputes and representing stakeholders in construction and real estate matters, as well as appeals. Among his many honors, he has been named an Up and Coming attorney in Minnesota for construction law in Chambers USA, 2024 Attorney of the Year in Minnesota Lawyer, and recipient of the national Holt Gwyn Writing Award from the American College of Construction Lawyers in 2025.

The National LGBTQ+ Bar Association is an affiliate of the American Bar Association. For more information and a full list of awardees, see 40 Best LGBTQ+ Lawyers Under 40.

At Maslon, CB (pronouns: they/them) represents clients on pro bono legal matters, assists with pro bono program administration, manages the UPLIFT: Legal Institute for Teens mock trial program, and supports the firm's overall DEI efforts.

A thought leader and advocate for underrepresented and underserved populations, CB frequently speaks on issues pertaining to DEI and access to justice, with audiences over the last five years including bar associations, county and city attorneys’ offices, law schools, and affinity groups such as Minnesota Lavender Bar Association (MLBA), Minnesota Women Lawyers (MWL), and Minnesota Association for Justice (MAJ).

While still in law school, CB founded the Pro Bono Volunteer Lawyers Network Queer/Trans Community Clinic in conjunction with community partners Family Tree Clinic and the Minnesota Trans Health Coalition. CB has continued as managing attorney of the clinic, which provides free counsel on housing, orders for protection, identity document updates, insurance coverage for gender affirming care, and civil rights.

The current cohort is once again the largest in UPLIFT's history, with the addition of Roseville Area High School and a total participation of 93 students. To date, 414 school students have completed the program, which is free of charge.

Launched by Maslon in 2017, UPLIFT is a legal diversity pipeline nonprofit serving middle and high school students reflecting the rich diversity of the Twin Cities. The afterschool mock trial program is taught by volunteer attorneys and law students who meet with participating students throughout the academic year, teaching them about criminal trials, rights, and the legal profession. Participation in the program helps students build confidence, develop analytical and speaking skills, foster long term vision, and create a framework to pursue academic excellence in high school.

This year's participants were assigned to teams representing either the prosecution or defense in the fictional case of State of Minnesota v. Coco St. Clair, which involves a fatal shooting that occurred during a dress rehearsal of an original play titled Burr during the famous Alexander Hamilton and Aaron Burr duel. To lend authenticity to the experience, students presented their cases before sitting Minnesota judges, including Maslon alumnus Martin Fallon of the First Judicial District, Mariam Mokri and Bridget Sullivan of the Fourth Judicial District, Der Yang of the Second Judicial District, and Minnesota Court of Appeals Judge JaPaul Harris. Volunteer coaches from Maslon included Nate Ajouri, Clayton Carlson, Gioia Gentile, Evan Nelson, Terry Newby, Renee Rice, and firm alum Cooper Ashley.

"The UPLIFT mock trial program serves as an opportunity for Twin Cities youth to see themselves as attorneys—at a time in their lives when it's soon enough to make a difference for their future," said Maslon Public Interest/DEI Counsel CB Baga. "The students grow so much throughout the year, finding their voice, developing their insights, and standing on their feet in the courtroom. Our volunteers are able to work closely with the students on their teams in a 1:2 or 1:3 ratio, which results in meaningful mentorship. The conversation starts with preparing for this first trial, and quickly develops into how to prepare for high school, college—and by the end of the season, the path to law school."

UPLIFT was founded by former Maslon attorney Catherine Ahlin-Halverson.

NAWBO is a nonprofit whose mission is to empower women business owners by providing access to essential education, a supportive network of peers, and the guidance needed to achieve scalability, ensure stability, and plan for success.

To learn more about the organization’s work, go to: NAWBO Minnesota.

Susan represents clients in general corporate, taxation, and nonprofit matters. She draws from a diverse background in government, accounting, and law to serve as a holistic business advisor, and finds great satisfaction in partnering with business owners to help make their dreams a reality. Susan regularly counsels clients on mergers and acquisitions, business formation, joint ventures, and general corporate matters—helping resolve legal distractions and remove obstacles that might otherwise get in the way of success. Her expertise in tax law is key to this process, as good advisors need to understand tax to understand business.

In addition to her corporate work, Susan is passionate about assisting nonprofit organizations that serve the community.

Confidential client communications with an attorney for the purpose of receiving legal advice are privileged. In litigation, an opposing party cannot discover these communications unless privilege is waived. Privilege belongs to the client, so when clients disclose attorney-client communications to a third party, they typically waive that privilege. Separately, attorney work product is information generated for litigation either by an attorney or at an attorney's direction, which could include documents created by a client. Work product privilege can be waived if the information is disclosed to a third party or if its confidentiality is not protected.

Clients may want to use AI to organize or develop their thoughts on legal matters and to ask legal questions short of discussing everything with counsel. Potential issues arise when clients upload attorney work product or otherwise privileged communications (e.g., a draft brief or an email) into public AI large language model tools like ChatGPT or Claude. This kind of use raises questions about whether a client's disclosure of attorney communications or work product in public AI tools constitutes disclosure to a third party that waives applicable privileges. It also raises questions about whether clients' use of generative AI platforms creates privileged work product.

Federal courts are developing a framework for analyzing privilege in this context, but the picture is not yet clear. Two cases from February 2026 illustrate this developing case law. First, United States v. Heppner held that a client's communications with public AI platforms, like ChatGPT, Gemini, and Claude, are neither protected by attorney-client privilege nor the work product doctrine. --- F.Supp.3d ---- (S.D.N.Y. Feb. 17, 2026). Second, Warner v. Gilbarco, Inc., held that a client's use of AI tools for drafting assistance constitutes protected work product that opposing parties cannot discover. 2026 WL 373043 (S.D. Mich. Feb. 10, 2026).

The Heppner Decision: Rejection of AI Privilege Protection

The Southern District of New York's decision in United States v. Heppner may be the first federal court decision to comprehensively address privilege issues in AI contexts, describing it as "a question of first impression nationwide." The court rejected both attorney-client privilege and work product protection for a client's communications with Claude, establishing a framework that likely applies to other public AI platforms.

In the criminal proceeding, the defendant had used Claude after receiving a grand jury subpoena to prepare "reports that outlined defense strategy." He input information he had learned through attorney-client communications, created the reports to have more efficient meetings with his attorney, and shared the AI product with his attorney.

The court held that the communications were not between client and attorney because "Claude is not an attorney" and no attorney-client relationship exists with AI platforms. The court rejected arguments that AI platforms function like other software tools, explaining that recognized privileges require "a trusting human relationship" with "a licensed professional who owes fiduciary duties and is subject to discipline," which cannot exist with AI platforms.

For work product protection, the court found that AI-generated documents were not "prepared by or at the behest of counsel" and did not "reflect defense counsel's strategy" at the time of creation. The defendant created the documents "on his own volition," meaning he was not acting as counsel's agent. Ultimately, the court ordered disclosure of his prompts and the AI product to the prosecution.

The Warner Decision: Protection for AI Usage as Work Product

The Eastern District of Michigan's decision in Warner v. Gilbarco, Inc., took a different approach, holding that a litigant's use of AI tools for drafting assistance constitutes work product protected from discovery. The court denied a motion to compel production of information concerning plaintiff's use of third-party AI tools in connection with the lawsuit, finding that such information was not discoverable.

The court characterized AI platforms as "tools, not persons" and explained that work product waiver requires disclosure "to an adversary or in a way likely to get in an adversary's hand." Because AI tools like ChatGPT are not adversaries, and defendants presented no evidence that the plaintiff's use of AI made it likely that defendants would access the protected information, the court found no waiver.

The Warner court's protective approach applied standard work product doctrine to prevent discovery of the plaintiff's litigation preparation methods, including AI usage. The decision does not address attorney-client privilege waiver or situations involving more extensive AI data sharing that might substantially increase adversary access to protected information.

Takeaway: Be Cautious While Case Law Develops

AI is a valuable tool, but clients and attorneys must also understand its risks.

The distinction between public and private AI platforms appears crucial for privilege analysis. Public platforms like ChatGPT, Claude, and others typically involve data sharing that courts may view as third-party disclosure. Enterprise or private AI solutions with stronger confidentiality protections may receive different treatment, though no federal court has yet addressed this distinction directly. Clients and attorneys should be especially cautious when using public AI platforms, and they should have a discussion at the outset of their relationship about the topic to ensure otherwise privileged information is not inadvertently disclosed.

Second, clients should bear in mind the uncertainty in this developing case law. A court might determine that the client's usage of AI—not only the prompts used but also the resulting AI-generated content—is discoverable. It is best practice to consult with your attorney before using generative AI and inform your attorney about your AI usage.

We Can Help

Maslon's attorneys are ready to answer your questions about how to use generative AI while steering clear of potential privilege pitfalls.

Now in its 15th year, the LCLD Fellows Program has built a reputation for helping to launch mid-career attorneys into chief legal positions. As part of the year-long, multi-tiered professional development series, Melissa will be connected to LCLD's top leadership, including managing partners and general counsel from prominent organizations.

To learn more, go to: Leadership Council on Legal Diversity.

Melissa is an employment and business litigation attorney licensed to practice in California, Minnesota, and Arizona. Working out of both California and Maslon's primary office in Minneapolis, Melissa focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices.

Melissa also maintains a robust employment investigations practice. Her clients include multinational corporations, small businesses, and individuals, and she often serves as a trusted advisor in a wide variety of litigation matters in state and federal trial and appellate courts, arbitration, and mediation.

Attorney Carly Johnson served as co-chair of the effort, with captains Yujin Jang, Jill Petrovich, and Emily Taylor coordinating Maslon's fundraising.

Maslon attorneys have a long history of involvement in Legal Aid. Partner Julian Zebot serves as chair of the Fund for Legal Aid board, and attorney Mary Knoblauch has been a Fund for Legal Aid board member for more than two decades; she formerly served as chair.

To learn more about the organization, visit: Mid-Minnesota Legal Aid.

Melissa has extensive experience helping clients protect and grow their business in a competitive marketplace. Licensed to practice in Minnesota, California, and Arizona, she focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices.

Melissa also maintains a robust employment investigations practice. Her clients include multinational corporations, small businesses, and individuals, and she serves as a trusted advisor in a wide variety of litigation matters in state and federal trial and appellate courts, arbitration, and mediation.

Maslon’s founding story is one of considerable challenges and fierce determination—anchored by a profound commitment to Minnesota.

Upon graduating from Harvard Law School in 1923 and clerking for U.S. Supreme Court Justice Louis D. Brandeis, firm namesake Samuel H. Maslon built his own successful practice as a corporate and tax attorney after he was denied opportunities at the established firms in his hometown of Minneapolis, where anti-Semitism ran deep.

Meanwhile, three other prominent Jewish attorneys, Sidney Kaplan, Hyman Edelman, and Sheldon Kaplan, formed a partnership in 1946 that expanded in 1956 to include Sam Maslon, Roger Joseph, and Marvin Borman—which then became Maslon, Kaplan, Edelman, Joseph & Borman.

Today, over 80 attorneys practice at Maslon across corporate & securities, estate planning, financial services, labor & employment, real estate, and litigation—with nationally known practices in tort & product liability, insurance recovery, and construction and real estate litigation. Individuals, closely held companies, and large multinational corporations alike trust Maslon to develop forward-looking legal strategies that will advance their most important goals.

Along with providing exemplary legal services, Maslon proudly sustains the values inspired by its founders: respecting diversity, taking care of firm members, and giving back to the broader community—including through pro bono legal service to protect both individual rights and the collective rights of the disadvantaged.

“Maslon has always been a forward-looking firm—for the clients whom we have been so privileged to serve, for our people, for our profession, and for our community,” said Firm Chair Keiko Sugisaka. “On our 80th anniversary, we reaffirm our commitment to the values that have made us who we are today, and we look forward to continuing our legacy of service and excellence to our clients and community for many years to come.”

Over the decades, Maslon attorneys have played key roles in city, state, national, and international history. Sidney J. Kaplan served as a prosecutor at the International Military Tribunal at Nuremberg following WWII, at which Nazi leaders stood trial for their crimes. Hy Edelman served in the mid-1940s on then-Minneapolis Mayor Hubert Humphrey's Council on Human Relations, which drafted the nation’s first municipal fair employment law prohibiting discrimination on the basis of race, creed, or color. Bill Pentelovitch represented plaintiffs in litigation to desegregate the Minneapolis Public Schools in the 1970s.

More recently, in 2020, after the murder of George Floyd by Minneapolis police, Steve Schleicher was asked by Minnesota Attorney General Keith Ellison to serve as pro bono special prosecutor for the state of Minnesota in the prosecution of former police officer Derek Chauvin—culminating in a six-week trial in 2021 that was broadcast worldwide. The jury convicted Chauvin on all counts, and the U.S. Supreme Court later rejected Chauvin's appeal of his conviction. Maslon was honored to support Steve and the team that assisted him—primarily Stephanie Laws and David Suchar—who dedicated more than 2,800 pro bono hours to the effort.

Other landmark matters include defending the designer of the collapsed I-35W bridge, the single most catastrophic transportation event in Minnesota; securing nearly $200 million in insurance proceeds for the settlement of the clergy abuse claims brought against the Archdiocese of Saint Paul and Minneapolis; obtaining a precedent-setting multimillion-dollar trial verdict on behalf of a class of hourly Walmart workers alleging violations of the Minnesota Fair Labor Standards Act; facilitating the transactions that established Indian gaming in Minnesota; supporting the founding and growth of some of the largest restaurant groups in the country; serving as outside general counsel to some of Minnesota’s largest nonprofit institutions; and assisting one of the country's largest financial institutions in obtaining billions of dollars of settlements on behalf of RMBS trusts it administered following the 2008 housing market collapse.

Maslon has also led the way in fostering a legal profession that reflects the rich diversity of the community it serves. In 1973, Maslon was one of the first major law firms in Minnesota to hire women attorneys; in 2003, it was the first to elect a woman, Terri Krivosha, as chair; and in 2021, with the election of Keiko Sugisaka, it was the first firm to elect a BIPOC woman to that role. Today, one-third of Maslon’s partnership and half of its leadership are women. And since 2017, the firm has given more than 320 young people from diverse backgrounds meaningful exposure to the practice of law through UPLIFT Legal Institute for Teens—a nonprofit that Maslon founded to provide free, after-school mock trial programming to middle and high school students.

In addition, Maslon is one of just a few of the largest Minnesota law firms to resist merger, a decision of which firm members are particularly proud. “After 80 years, we still believe that our independence preserves our distinct culture and creates value for clients in the form of judicious staffing, competitive rates, and tailored service,” Keiko said.

Never a firm to rest on its laurels, Maslon looks forward to many more years of serving its clients, investing in its people, and improving access to justice.

Since joining Maslon in 2018, Erin has been an integral part of both the commercial lending and corporate trust practice teams, leading or co-leading the documentation and closing of a number of highly complex commercial lending transactions. Most recently, she served as the lead attorney on a $300+ million syndicated secured loan transaction whose lead bank, our client, is among the top five in the U.S. The transaction involved a multi-jurisdictional group of borrowing entities located in the U.S., UK, Australia, and Brazil, making it necessary to coordinate with local counsel and to work through local law aspects in each jurisdiction. The transaction successfully closed in August 2025.

Erin’s corporate trust work involves defaulted or distressed corporate, municipal, or structured debt products. She counsels indenture trustees with respect to the administration of their duties, negotiates forbearance arrangements, manages bondholder communications and dynamics, and seeks court instruction with respect to the administration of corporate trusts.

Erin was honored this year among the Top Women in Finance by Finance & Commerce. She has also been recognized by Super Lawyers among Minnesota Rising Stars in 2023-2025, a distinction given to only 2.5% of Minnesota attorneys each year.

Notably, Maslon was also included as a National Best Law Firm for Securities Regulation (Tier 2), and Commercial Litigation, Corporate Law, and Litigation–Real Estate (Tier 3).

Collectively, 27 of Maslon’s practice areas were named on the overall list.

It is the 16th consecutive year that Maslon has been recognized as a Tier 1 Metropolitan Best Law Firm—that is every year since Best Law Firms began publishing. Achieving a tier ranking "signals a unique combination of quality law practice and breadth of legal expertise," according to Best Lawyers.

The full list of Maslon's ranked practice areas is below:

Minneapolis Best Law Firm Rankings:

Metropolitan Tier 1—

• Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
• Business Organizations (including LLCs and Partnerships)
• Commercial Litigation
• Construction Law
• Insurance Law
• Litigation—Antitrust
• Litigation—Construction
• Litigation—Insurance
• Litigation—Intellectual Property
• Litigation—Real Estate
• Product Liability Litigation—Defendants
• Real Estate Law
• Securities / Capital Markets Law
• Securities Regulation
• Trusts & Estates Law

Metropolitan Tier 2—

• Closely Held Companies and Family Businesses Law
• Corporate Law
• Employment Law – Management
• Franchise Law
• Litigation—Labor & Employment
• Litigation—Trusts & Estates
• Mergers & Acquisitions Law
• Tax Law

Metropolitan Tier 3—

• Antitrust Law
• Banking & Finance Law
• Employee Benefits (ERISA) Law
• Litigation—Banking and Finance

National Best Law Firm Ranking, Tier 2:

• Securities Regulation

National Best Law Firm Ranking, Tier 3:

• Commercial Litigation
• Corporate Law
• Litigation—Real Estate

To view the full rankings, go to: Best Lawyers 2025 Best Law Firms Rankings.

Best Lawyers rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Jeremy is an associate in the firm’s Corporate & Securities Group who advises privately held companies, private equity funds and sponsors, and strategic investors through both buy- and sell-side mergers and acquisitions. He also provides a wide variety of general corporate and outside general counsel services for entrepreneurs and privately held businesses.

Prior to joining Maslon, Jeremy gained experience at another Top 10 Minneapolis firm. He earned his law degree from the University of Minnesota Law School, where he served as president of the Business Law Association and was a lead editor of the Journal of Law and Inequality.