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ARTICLE · 16 MARCH 2026

Client Alert: Court Signals Privilege Risks From Use Of Generative AI

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
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A decision of the U.S. District Court for the Southern District of New York highlights an emerging risk in the era of ChatGPT and Claude -- Using a public generative AI tool to analyze legal issues...

United StatesTechnology
Paige A. Geier
Paige A. Geier

A decision of the U.S. District Court for the Southern District of New York highlights an emerging risk in the era of ChatGPT and Claude -- Using a public generative AI tool to analyze legal issues or develop legal strategy can jeopardize the attorney‑client privilege normally applicable to a client's communications to an attorney and the work‑product protection normally applicable to an attorney's preparation in anticipation of litigation. United States v. Heppner, Case No. 25-cr-503 (S.D.N.Y. February 17, 2026).

Courts may deem information entered into a widely available AI platform to have been disclosed to a third party, particularly where the platform's terms allow retention or review of user inputs.

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