Feb. 20, 2026
Consumer AI tools put confidentiality at risk
The use of consumer generative artificial intelligence tools such as ChatGPT and Claude may not be protected by attorney-client privilege or the work-product doctrine.
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
On Feb. 10, 2026, Federal District Judge Jed Rakoff of the Southern District of New York ruled from the bench in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb. 10, 2026), that documents created by a client using a consumer-plan generative artificial intelligence tool, which the client later sent to his attorney, were not protected by the att...
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