Firm Newsletter | February 2026

Feb 26, 2026
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Dear Clients and Friends:

Given a recent case decision around AI privilege waiver, we believe it's prudent to highlight an emerging best practice around the use of AI for legal work. As we recently circulated in a client alert on the topic, earlier this month, a federal court in New York ruled that conversations with AI chatbots are not protected by attorney-client privilege or the work product doctrine, and may be discovered in litigation, even if you later share the AI output with your lawyer. For this reason, we are now recommending that our clients reconsider their AI workflows in the context of this decision, and consider avoiding the use of AI chatbots to perform their own legal work or analysis without consultation or coordination with their attorney, as these documents might be discoverable in litigation. We are piloting shared AI workspaces that solve for this issue. Please reach out to us if you would like more details, would like to participate in the pilot, or have any other questions around how to use or implement AI in a defensible way, including in the enterprise context. Read our client alert here.

Relatedly, we recently hosted Deep Bench Briefings webinar on AI policies. We covered where AI use is exposed in business organizations, common gaps in existing AI policies, and practical guardrails companies can implement now. Check out the recording here. Our next webinar in the Deep Bench Briefings series is on AI and employment issues, and you can find more information below.

Next, we are pleased to welcome Av Sinensky as a Partner in our Corporate & Securities Practice Group (Long Island), Simon Uritsky as an Associate in the Digital Assets and Artificial Intelligence Practice Groups (New York City), and Elysse Anderson as an Associate in the Corporate & Securities Practice Group (New York City), expanding our capabilities and client service in corporate and emerging technology matters. Learn more below. 

Lastly, FRB is a proud Platinum Sponsor of the Orange County Business Journal’s Excellence in Entrepreneurship Awards 2026, taking place on Thursday, March 26, at the Irvine Marriott. Join us in celebrating leaders in Orange County who exemplify the entrepreneurial spirit through creativity, determination, and lasting impact. Learn more and secure your tickets here

 

Register for the Deep Bench Briefings Series

 

Join us for "AI at Work: Emerging Employment Risks Exposed by AI Adoption," the next session in our Deep Bench Briefings series, on Tuesday, March 24, from 2:00 PM - 3:00 PM ET.

Presented by FRB's Co-Managing Partner Moish Peltz and Labor & Employment Partner Elizabeth Schlissel, this discussion will explore:

  • How employee handbooks and workplace policies should be adapted to address AI use and emerging compliance risks;
  • Key employment law issues arising from AI adoption, including bias, monitoring, and decision-making tools;
  • Best practices for drafting and implementing effective workplace policies; and

Protecting confidentiality and intellectual property in an AI-enabled workforce.

Register here.

 

FRB Attorneys in the News

 

Dana Walsh Sivak Quoted in the Boca Raton Observer

  • FRB's Dana Walsh Sivak, Partner and Chair of the Elder Law Practice Group, was recently quoted in the Boca Raton Observer, sharing her insight on protecting vulnerable loved ones amidst the rise of sophisticated scams.
  • Read the article full here.

 

Moish Peltz Quoted in Business Insider

  • FRB Co-Managing Partner Moish E. Peltz, Esq. was quoted in Business Insider about the recent court ruling that allowed prosecutors to access Claude chat transcripts, a reminder that AI chats may not stay confidential when legal exposure is on the table. Read the article here.
  • Read the article full here.

 

Moish Peltz Recognized in World Trademark Review (WTR) 1000

  • FRB's Moish Peltz, Co-Managing Partner and Chair of our Intellectual Property Practice Group, has once again been recognized in the 2026 edition of the World Trademark Review (WTR) 1000 for Trademark Excellence for his continued leadership in trademark law, including his work at the intersection of brand protection, blockchain, and emerging technologies.
  • Learn more about this honor here.

 

Register for Our Upcoming Webinars & Events

 

Webinar: 2026 Trusts and Estates Tax Guide (Up to 7.2 CLE Credits)

  • Join Matthew E. Rappaport, Esq., LL.M. on Friday, March 20, at 10:00 AM ET to discuss the OBBBA and take a deeper dive into the changing tax-planning tactics for smaller estates, business owners, and high-net-worth clients.
  • Learn more and register here.

 

Webinar: Whose Plan Is It Anyway: Navigating Ethical Landmines with Employee Benefits Matters

  • Join FRB Partner Angela M. Stockbridge, Esq. on Tuesday, March 10, from 12:00 PM - 1:00 PM ET to examine real-world ethical dilemmas faced by lawyers representing pension plans, plan sponsors, and plan fiduciaries.
  • Learn more and register here.

 

Webinar: The Intersection of Arbitration and the Courts: From Drafting to Judicial Review and Enforcement
(Up to 1.2 CLE Credits)

  • Join Bart J. Eagle, Esq. on Wednesday, April 22, from 11:00 AM - 12:00 PM ET and examine the drafting of arbitration clauses, motions to compel arbitration, motions to stay litigation, waiver issues arising from court participation, and more.
  • Learn more and register here.

 

Webinar: Ethical Issues in Cryptocurrency Transactions: Model Rules, Guidance, and Challenges for Counsel
(1.5 CLE Credits)

  • Join FRB’s Moish E. Peltz, Esq. on Tuesday, March 3, at 1:00 PM ET and explore an overview of the mechanics of cryptocurrency, including the legal implementation and methods in structuring digital asset transactions.
  • Learn more and register here.

 

Check Out Our Latest Podcasts

 

 

How Tax Works - Ep. 46 
Substance Versus Form, Part I: The Economic Substance Doctrine – How Tax Works

  • In episode 46 of How Tax Works, Matthew E. Foreman, Esq., LL.M. begins his discussion of substance versus form issues, beginning with the Economic Substance Doctrine, from its beginnings in case law to its codification in I.R.C. ? 7701(o).
  • Listen to the episode here.

 

 

Block & Order #49
Inside Kraken: Navigating Crypto Law, Regulation & AI feat. Ben Gray

  • In this episode of Block and Order, hosts Kyle M. Lawrence, Esq. and Moish E. Peltz, Esq. welcome Ben Gray, Chief Legal Officer at Kraken, for a deep dive into the legal, regulatory, and technological challenges facing major crypto exchanges today. Ben shares insights on how Kraken navigates global regulatory frameworks, adapting to new legislation like the Clarity Act and GENIUS Act, and how Kraken embraces AI to optimize legal and compliance operations, and collaborates with industry peers, even competitors, for better policy outcomes.
  • Watch the episode here.

 

FRB Welcomes New Attorneys

 

Av Sinensky, Esq.

Av Sinensky, Esq. is a Partner in FRB’s Corporate & Securities Practice Group, where he maintains a broad-based transactional practice representing business owners, independent sponsors, private equity groups, and middle-market companies in mergers and acquisitions, investments, divestitures, joint ventures, and other strategic transactions. He also regularly advises founders and investors on startup formations, capital raises, partnership agreements, employment arrangements, and commercial contracts across all stages of the business life cycle. Av is a trusted business advisor who focuses on guiding entrepreneurs and investors through complex, often life-changing transactions.

 

Simon Uritsky, Esq.

Simon Uritsky, Esq. is an Associate in FRB’s Digital Assets and Artificial Intelligence Practice Groups, where he focuses on the evolving intersection of law and disruptive innovation. His practice emphasizes cryptocurrency and blockchain technology, artificial intelligence, and advising early-stage startups. Simon brings experience from the web3 and digital asset space, including work with a blockchain infrastructure company and consulting for private equity firms and family offices on digital asset strategies. He rejoins FRB after previously serving as a legal clerk.

 

Elysse M. Anderson, Esq.

Elysse M. Anderson, Esq. has been elevated to Associate in FRB’s Corporate & Securities Practice Group. Elysse focuses her practice on corporate governance, business formation and structuring, and general corporate advisory matters. She previously interned with the Prince William County and Loudoun County Commonwealth Attorney’s Offices and spent multiple terms with FRB as a summer and academic-year intern before joining the firm as an Associate.

 

Check Out Our Past Webinars

 

Webinar: Probate Process From Start to Finish: Part I

 

Webinar: Probate Process From Start to Finish: Part II

  • Kimberly S. Bliss, Esq. shares guidance for wrapping up the estate without mistakes and for resolving beneficiary and fiduciary disputes.
  • Watch here.

 

Webinar: Trusts and Taxes in New York From A to Z

 

Webinar: Equity Incentives in Partnerships and LLCs: Structuring Profits Interests, Capital Interests, and Options

 

Webinar: The Impact of the New Tax Bill on Real Estate: Key Changes and Strategic Planning

  • Matthew E. Rappaport, Esq., LL.M. examines how recent federal tax legislation is reshaping real estate investment and transaction planning, with a focus on Qualified Opportunity Zones under the One Big Beautiful Bill Act, the continued use of Section 1031 exchanges, and key developments affecting depreciation, capital gains, and state and local taxes.
  • Watch here.

 

Webinar: LLC Structures for Real Estate Investments: From Entity Formation to Advanced Risk Management (2026 Edition)

  • Matthew E. Rappaport, Esq., LL.M. explores corporate and tax structuring strategies for real estate ownership, including asset protection planning, 1031 exchanges, single-member LLCs, Opco/Propco models, and more.
  • Watch here.

 

Check Out Our Latest Insights & News

 

A Cold Shoulder for MCA Vendors in Bankruptcy Court

A significant ruling may reshape how merchant cash advances are treated in bankruptcy. Michael Moskowitz analyzes a recent decision from the U.S. Bankruptcy Court for the Southern District of Texas holding that an MCA may be recharacterized as a high interest loan, allowing fraudulent transfer claims to proceed while dismissing related RICO allegations. Read more.

 

Big News for Licensees Not in Compliance with New Distancing Rules from Schools & Houses of Worship

Significant relief is coming for New York cannabis licensees. Andrew Cooper breaks down Assembly Bill A10140, newly signed into law by Governor Hochul, which brings clarity to the school and house of worship distancing controversy. Read more.

 

Your AI Conversations Are Not Privileged

A federal court just ruled that documents a defendant created using an AI chatbot, and later shared with his attorneys, are NOT protected by attorney-client privilege or work product doctrine. Moish Peltz and Elizabeth Schlissel break down the ruling and its major implications for businesses using AI to evaluate legal risk, HR matters, or strategic decisions. Read more. 

 

Tokenization: The Most Anticipated, and Perhaps the Most Misunderstood, New Technology of the Decade

Tokenization is everywhere, but what is it really doing to our financial system? Moish Peltz and Kyle Lawrence break down what tokenization is (and isn’t), why it matters, and how it could could reshape how assets are owned, traded, and settled. Read more.

 

When Taxes Don’t Go Away: Bankruptcy, Willful Evasion, and the Limits of a Fresh Start

Think bankruptcy wipes out tax debt? Think again. Michael Moskowitz discusses how intentional tax evasion can block discharge of millions in tax liabilities. Read more. 

 

When the Automatic Stay Is Not Automatic: Bankruptcy Court Upholds Foreclosure Sale Under 11 U.S.C. § 109(g)

A bankruptcy filing isn’t always a get-out-of-foreclosure card. Michael Moskowitz examines a new EDNY ruling holding that the automatic stay did not apply to a repeat filer under 11 U.S.C. § 109(g). Read more. 

 

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