Attorney-client privilege in the AI era: What does ‘Heppner’ mean for practitioners?

Conn Kavanaugh
Contact

New York Judge Jed S. Rakoff’s ruling in United States v. Heppner — that a criminal defendant’s written exchanges with AI platform “Claude” are not protected by the attorney-client privilege or the work product doctrine — has spread like wildfire throughout the legal community. And for good reason. As Judge Rakoff noted, “more than half of United States households have adopted AI in some form.”

Originally published in Massachusetts Lawyers Weekly - April 17, 2026.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Conn Kavanaugh

Written by:

Conn Kavanaugh
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA

  • Increased readership
  • Actionable analytics
  • Ongoing writing guidance

Join more than 70,000 authors publishing their insights on JD Supra

Start Publishing »

Conn Kavanaugh on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide