SDNY Judge Finds Criminal Defendant’s Case-Strategy Communications with Gen-AI Tool Not Privileged or Work Product
March 18, 2026
In this client alert, Joel Kurtzberg, Britton Davis, and Raphaël Chabaneix examine the recent ruling in United States v. Heppner, in which SDNY Judge Jed S. Rakoff held that a criminal defendant’s written exchanges about case strategy with a public generative artificial-intelligence platform were not protected by the attorney-client privilege or the attorney work-product doctrine.
