Using AI Without Waiving Privilege: Lessons from United States v. Heppner

A recent decision from the U.S. District Court for the Southern District of New York (SDNY), United States v. Heppner, has generated outsized commentary suggesting that the use of generative AI tools may jeopardize attorney-client privilege. A closer reading shows something far less dramatic.

8 minute read March 01, 2026 at 12:47 AM
By
Shawn. C. Helms , Caitlin (Cate) Howe , Jason Krieser and Joseph Evans
Using AI Without Waiving Privilege: Lessons from United States v. Heppner

A recent decision from the U.S. District Court for the Southern District of New York (SDNY), United States v. Heppner, has generated outsized commentary suggesting that the use of generative AI tools may jeopardize attorney-client privilege.

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