Are AI Chats Privileged? Landmark Federal Court Ruling on GenAI & Legal Protection

In what appears to be the first federal court ruling of its kind, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York has held that a defendant’s written exchanges with a generative artificial intelligence platform are protected by neither the attorney-client privilege nor the work product doctrine. The decision, issued February 17, 2026, in United States v. Bradley Heppner , carries significant implications for lawyers, clients, and anyone who turns to AI tools when navigating legal trouble.

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