US v. Heppner (S.D.N.Y. 2026) no attorney-client privilege for AI chats [pdf]

https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjyjekkpr/Rakoff%20-%20order%20-%20AI.pdf

Article

  • Federal court rules AI chat logs (specifically Claude) are not covered by attorney-client privilege
  • Prosecution successfully argued Heppner’s Claude chats were accessible because no attorney was directly involved
  • Voluntarily sharing info with a third-party AI breaks privilege, per the ruling
  • Sets a significant precedent for AI tool use in legal contexts

Discussion

  • Commenters argue self-hosted models should remain privileged since no third party receives the data
  • Inconsistency flagged: Google Docs research or library notes would be covered, but AI chats aren’t
  • Seen as a temporary ruling — likely to be revisited as AI becomes standard legal tooling
  • Interesting analogy: using Gemini sidebar in Google Docs to clean up a privileged message — is that covered?

Discuss on HN


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Added Apr 15, 2026
Modified Apr 15, 2026