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Heppner v. Claude: Landmark Privilege Waiver by AI Ruling—Key Takeaways for Lawyers and Clients

By Emily Stedman & Erik Dullea on February 25, 2026
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A recent ruling by the Southern District Court of New York sets a historical precedent for the use of generative AI platforms in the legal profession. The court found that a client’s prompts to a generative AI system and documents generated by AI to share with counsel are not protected by the attorney-client privilege or the work product doctrine. The court reasoned that such platforms are not attorneys, nor are they confidential, and their terms of services allow for data and third-party disclosure. Hence, sharing privileged information with a publicly available generative AI system is equivalent to sharing it with any third party.

The message from this decision is to refrain from treating a publicly available AI system like a confidante, as doing so can waive privilege and expose sensitive information. For a closer look at the implications of the decision for clients and their counsel, we urge you to read the full legal update.

Tags: AI
Photo of Emily Stedman Emily Stedman

Emily is a commercial litigator who helps clients bring order and clarity to the often-chaotic world of contract disputes. She’s known for her practical, people-first approach—combining deep legal knowledge with a focus on communication, consistency, and minimizing business disruption.

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Photo of Erik Dullea Erik Dullea

As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before…

As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before returning to the firm in 2023.

Read more about Erik DulleaEmailErik's Linkedin Profile
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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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