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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.

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.

Read more about Emily StedmanEmily's Linkedin Profile
Photo of Erik Dullea Erik Dullea

A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Erik focuses on administrative/regulatory law, with an emphasis on heavily regulated industries and government contractors. He represents mine operators in MSHA enforcement actions, energy and industrial companies in OSHA enforcement actions, and advises…

A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Erik focuses on administrative/regulatory law, with an emphasis on heavily regulated industries and government contractors. He represents mine operators in MSHA enforcement actions, energy and industrial companies in OSHA enforcement actions, and advises airlines and their pilots challenging FAA and DOT enforcement actions. Erik advises government contractors on transactional matters, bid protests and civil litigation. He holds an active security clearance and has 20 years of experience in the aviation industry as both a Navy pilot and a commercial pilot. Erik is a co-chair of Husch Blackwell’s Unmanned Aircraft Systems practice group.

Read more about Erik DulleaErik's Linkedin Profile
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  • Posted in:
    Privacy & Data Security
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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