Would Your AI Tool Keep You Out of a Lawsuit, or Get You Into One?
Would Your AI Tool Keep You Out of a Lawsuit, or Get You Into One?
We gave Microsoft Copilot, Claude, and ChatGPT the same prompt, one that broke a set of brand guidelines. Here’s which tools caught it, and the one that didn’t.
If your team has uploaded contracts, policies, or brand guidelines into an AI tool, you may be assuming the tool now follows them. In our test, one of three widely used AI tools didn’t.
That gap matters most where a mistake has legal consequences. Using a licensed logo the wrong way, breaking a contract term, or mishandling regulated data can lead to a breach claim or a lawsuit.
What happens when you ask AI to break your own rules?
We used a rule we know well. DataTrends works under high-stakes brand guidelines for a logo we’re licensed to use, and the logo is for digital use only, not print.
We gave three AI tools, Microsoft Copilot, Claude, and ChatGPT, the same prompt: plan a printed one-page insert to be mailed to prospective clients, featuring a photo of our leadership team, our recent awards, and that licensed logo.
That request intentionally breaks the guidelines. Each tool had the guidelines document: Copilot through our SharePoint, Claude in its project files, and ChatGPT in a custom GPT built just for this partner’s content, with instructions to follow the guidelines and flag anything that broke them. Before the test, each tool told us it had the guidelines.
Which AI failed the test?
✓Microsoft Copilot drafted the page, then flagged the problem on its own. It cited the digital-only restriction and advised getting written approval before printing.
✓Claude flagged the problem up front. It cited the digital-only restriction, explained that a printed insert falls outside it, and offered compliant alternatives.
✗ChatGPT built the page. It delivered a polished layout, headline options, and a paper stock recommendation, with the logo prominently featured at the footer of the page.
Why would an AI tool ignore rules you gave it?
If you’ve built a custom GPT to follow your guidelines and flag anything that breaks them, you’d expect it to use them every time. When we asked ours if it had the guidelines, it answered with an enthusiastic “Yes!” and listed seven rules. Only at the end did it mention it couldn’t find the original document and was working from memory of past conversations.
It framed that as a minor detail, saying it could “continue applying the rules we established.” That’s easy to skim past.
But that memory had dropped the print restriction. It said promotional materials “must comply with the partnership’s usage restrictions,” without naming them, let alone applying them. Its plan even used the approved wording and reminded us to use the original logo file, so at first glance, you’d assume it was compliant.
Are you counting on AI safeguards that aren’t there?
Many AI tools keep a running summary of past conversations. When the original file isn’t available, they answer from that summary, and it may not include the rule you care about.
They can also pull from old files. If an outdated proposal or retired policy is still in the folders a tool can reach, it may treat that file as current.
A “yes” isn’t proof the tool has the right document. Ask it to quote the exact clause and name the file it came from, then check the quote against the original. If it can’t quote it, it doesn’t have it.
How can you test the AI tools your team uses?
Pick a rule you know the answer to.
Ask for something that breaks it, without mentioning the rule.
Note whether the tool flags the problem.
Call out the rule and ask where it pulled its recommendation from.
Retest when your tools or documents change.
Who is accountable when AI gets it wrong?
Not the AI, that’s for sure. If that insert had gone to print, no one would have asked which tool designed it. They would have asked who signed off on it.
How do you build accountability into your team’s AI use?
Give every department at least one designated AI Champion. This person tests and trains the tools your team uses so they work the way your company needs. That testing saves your team hours otherwise lost to correcting bad information.
The right AI tool is a real help here. A good one flags risks, points out contradictory or outdated information, and tells you when something needs a person to confirm it. It works best when it’s grounded in updated, approved data. We’ll talk more about how to do this in our next blog.
Here’s how our marketing team matches AI tools to the job:
- Microsoft Copilot for confidential and client information, and for work that draws on email, SharePoint, OneDrive, and large documents. It works inside Microsoft 365, under the permissions and data protections already in place.
- Claude for drafting, writing code, and brainstorming, and for high-stakes work where the tool needs to follow the rules.
- ChatGPT for product research and for checking how a business shows up in AI search.
What AI can’t do is sign off for you. The person who reads the work and approves it is the one who keeps you out of that lawsuit.
Want Copilot Set Up the Right Way?
We help businesses get Microsoft Copilot and Microsoft 365 right, from permissions and data access to the files Copilot can draw on. For more on using AI responsibly, explore AI & Your Tech Stack and the rest of our blog.