Mind Your Inputs & Outputs in Litigation or Risk Waiver of Privilege–A Cautionary Tale on Use of Generative AI Tools

Judge Rakoff ruled that AI-generated information is not protected by attorney-client privilege if created independently by a ...
Wealth Management

Attorney-Client Privilege Waived by Client’s Use of Public AI

The recent decision in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb. 10, 2026), underscores the need for ...
Compliance Week

Does attorney-client privilege extend to exchanges with AI platforms? U.S. courts offer mixed messages

Federal court judges in New York and Michigan have offered split rulings on whether AI prompts seeking information from AI ...
Opinion
Dealbreaker on MSNOpinion

The Heppner and Warner rulings: Hobgoblin consistency or an application of principle?

Both cases suggest that use of GenAI tools in litigation should be handled with care.
Law

Waiver of Attorney-Client Privilege Is a One-Way Street

The attorney-client privilege continues to be a frequently litigated issue in Pennsylvania. In 2011, the Pennsylvania Supreme Court decided Gillard v. AIG Insurance, 15 A.3d 44 (Pa. 2011), which ...
JD Supra

Business Litigation Report -- March 2013

- Excerpt from Common-Interest Doctrine—A Tool to Prevent Waiver of Attorney-Client Privilege in Intellectual Property Transactions: It is easy to waive attorney-client privilege inadvertently while ...
News Tribune

Attorneys disagree on scope of attorney-client privilege

Many lawyers across Missouri take exception to how the Sunshine Law's first exception of attorney-client privilege is interpreted. Some say the exception in the state statute granting the public the ...
JD Supra

Six Considerations to Preserve Privilege

When an organization that has suffered a data breach launches its investigation, preserving attorney-client privilege and work-product protection is not always top of mind. But preserving privilege ...