On Feb. 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected. On Feb. 17, 2026, Judge Rakoff issued a written opinion confirming the bench ruling and adding important analysis. Read on to learn what the opinion adds on confidentiality, work product and waiver, and for details of the practical implications and open questions left by Judge Rakoff’s opinion.
