SDNY Addresses Privilege and Work Product Implications of Using Unsecured Public AI Tools
Summary
The SDNY ruled that AI-generated documents using unsecured public tools are not protected by attorney-client privilege, emphasizing the risks of confidentiality breaches.
Why It Matters
This ruling highlights the legal implications of using consumer-grade AI tools for legal research, stressing the importance of confidentiality and the need for secure AI solutions in legal contexts. It serves as a cautionary tale for legal professionals regarding the use of unsecured AI tools.
Key Takeaways
- AI-generated documents using unsecured tools lack confidentiality protections.
- Disclosure to third parties, as per AI tool terms, waives attorney-client privilege.
- The ruling emphasizes the need for lawyers to manage AI tool usage carefully.
HB Ad Slot HB Mobile Ad Slot Margaret A DaleEmail212.969.3315Bio and Articles Laura GavioliEmail+1.212.969.3379Bio and Articles Nolan M. GoldbergEmail212-969-3472Bio and Articles Peter CramerEmail212-969-3765Bio and Articles Edward WangEmail202-416-6826Bio and Articles Find Your Next Job ! Paralegal (MMA & Guy Carpenter) Insurance Defense & Civil Litigation Attorney Legal Counsel, Property & Casualty - Hybrid Explore More Job Openings HB Ad Slot SDNY Addresses Privilege and Work Product Implications of Using Unsecured Public AI Tools by: Margaret A Dale, Laura Gavioli, Nolan M. Goldberg, Peter Cramer, Edward Wang, Proskauer Rose LLP - Client Alert Wednesday, February 18, 2026 Related Practices & Jurisdictions Artificial IntelligenceLitigation Trial Practice 2nd Circuit (incl. bankruptcy)New York Print Mail Download />i On February 10, 2026, Judge Jed Rakoff of the Southern District of New York ruled in United States v. Heppner that documents generated through a consumer version of Anthropic’s Claude AI were not protected by the attorney-client privilege or the work-product doctrine under the circumstances presented. The decision appears to be the first to squarely address privilege and work product claims arising from a non-lawyer’s use of a consumer-grade insecure, non-enterprise AI tool for “legal research,” as well as the potential consequences of inputting privileged information (provided to an individual by counsel) into an AI tool. However, putting the novelty of th...
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