AI and Legal Privilege: Lessons from the Heppner and Warner Rulings in the United States

Two recent decisions from U.S. federal courts have produced strikingly different outcomes on whether materials generated using AI tools are protected by privilege or work-product doctrine. Both cases involved individuals or organizations relying on consumer AI platforms, rather than legal counsel, to develop litigation strategies or prepare legal materials. These rulings highlight an emerging and unsettled legal landscape in which organizations cannot assume AI interactions will be treated as... By: Davies Ward Phillips & Vineberg LLP