AI-Generated Documents and Privilege: Why Public GenAI Use May Waive the Attorney-Client Privilege and Work Product Doctrine
The article discusses a court case where AI-generated documents were not protected by attorney-client privilege due to the use of a public AI platform.
On February 17, 2026, in the case of United States of America v. Bradley Heppner, No. 25 CR. 503 (JSR), 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026), the United States District Court for the Southern District of New York (the “Court”) held that documents generated by the defendant with generative artificial intelligence (“AI”) through a publicly-available AI platform were not protected by the attorney-client privilege or work product doctrine.... By: Foster Swift Collins & Smith
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