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ARTICLE · 28 APRIL 2026

US v Heppner: The End Of "Just A Prompt" And Emerging IP Risk

Bennett Jones LLP
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Judge Rakoff's ruling in United States v. Heppner establishes that using commercial generative AI tools to process confidential information may destroy attorney-client privilege and work product protection.

United StatesTechnology
Lorelei Graham
Lorelei Graham
Ahmed Elmallah
Ahmed Elmallah
Benjamin Reingold
Benjamin Reingold
Stephen D. Burns
Stephen D. Burns
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AI Insights and Fast Reads

This AI Insights Quick Read series examines a growing risk for innovation-driven businesses: how routine generative AI use can weaken confidentiality, compromise legal review, and erode the value of intellectual property. Across four short pieces, we consider the issue through the lens of US v. Heppner, then turn to shadow AI, the dilution of innovation through AI-generated content and the implications for Canadian organizations.

US v Heppner

Many companies treat generative AI as another productivity layer rather than a legal event. An employee pastes a draft into a chatbot, asks for a summary, cleans up a memo or pressure-tests an argument. It felt informal, disposable, and harmless. Judge Rakoff’s bench ruling in United States v. Heppner should end that illusion.

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