Claude Is Not a Lawyer: Federal Court Rules that Use of Consumer AI Platforms Can Destroy Privilege Protections

In a first‑of‑its‑kind decision, Judge Jed S. Rakoff of the Southern District of New York ruled that a criminal defendant’s written exchanges with a publicly available generative AI platform were not protected by either the attorney‑client privilege or the work‑product doctrine. United States v. Heppner, No. 25‑cr‑503 (JSR) (S.D.N.Y. Feb. 17, 2026)….
By: Seward & Kissel LLP