The Intersection of AI and Attorney-Client Privilege—A Cautionary Tale
A federal judge in the U.S. Southern District of New York has issued a significant decision at the intersection of artificial intelligence (AI) and legal privilege, ruling that documents generated using a publicly available AI tool are not shielded by attorney-client privilege or the work product doctrine. The case, United States v. Heppner, represents one of the first judicial decisions directly addressing the privilege implications of using consumer-grade AI platforms in legal contexts. The ruling—issued orally on February 10, 2026, and memorialized in a written opinion on February 17, 2026—carries important lessons for anyone considering the use of AI tools when facing legal exposure.