New York Judge Jed S. Rakoff’s ruling in United States v. Heppner — that a criminal defendant’s written exchanges with AI platform “Claude” are not protected by the attorney-client privilege or the work product doctrine — has spread like wildfire throughout the legal community. And for good reason. As Judge Rakoff noted, “more than half of United States households have adopted AI in some form.”
As AI becomes more ubiquitous, practitioners must be prepared to navigate the complex legal issues left in its wake.
BACKGROUND, PROCEDURAL HISTORY
The defendant in Heppner was indicted on charges of securities fraud, wire fraud, conspiracy, making false statements to auditors, and falsifying corporate records. United States v. Heppner, 2025 WL 436479, at *1 (S.D.N.Y. 2026). After the government seized the defendant’s computer, defense counsel asserted privilege over his stored communications with Claude. Although the communications had been made by the defendant without instruction from
