Two Courts, Two Answers: When Does Using AI Waive Privilege?

Jennifer Ellis, JD, LLC, has posted a very interesting blog, Two Courts, Two Answers: When Does Using AI Waive Privilege? – JLE (Feb. 21, 2026). She compares the holding in U.S. v. Heppner, __ F. Supp. 3d __, 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026)(Rakoff J.), with Warner v. Gilbarco, Inc., 2026 WL 373043 (E.D. Mich. Feb. 10, 2026)(Patti, J.), and concludes that they “reach[] the opposite conclusion on work product.”... By: EDRM - Electronic Discovery Reference Model