Sher Tremonte Attorneys Publish Law360 Analysis On AI, Privilege, And Work Product

Sher Tremonte partner Brian Kidd and associates Taylor Fontan and Rebecca Prager published an article in Law360 analyzing a recent decision by Judge Jed S. Rakoff in U.S. v. Heppner. In that case, the Southern District of New York held that documents a defendant generated using Anthropic’s AI assistant, Claude, and then shared with his lawyers were not protected by the attorney-client privilege or work-product doctrine.​​

The article explains that because the AI-generated materials were created by the client using a public platform whose terms did not guarantee confidentiality—and not at counsel’s direction—the court viewed them as nonprivileged, preexisting documents that did not become protected simply by being emailed to defense counsel. The authors also note the potential for witness-advocate conflicts if such materials are offered at trial, and outline practical steps lawyers can take when advising clients about AI tools in the context of investigations and litigation.​

To read full analysis, “AI-Generated Doc Ruling Guides Attys On Privilege Risks,” click here