Judge Rakoff ruled that AI-generated information is not protected by attorney-client privilege if created independently by a ...

The recent decision in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb. 10, 2026), underscores the need for ...

In the context of third-party liability claims, a familiar arrangement arises when an insurer retains defense counsel for its insured: the tripartite relationship among the insured, the insurer, and ...

Opinion: For attorneys incorporating AI into their practice, the opinion in Heppner provides a roadmap for potentially protecting privilege, but one that requires intentional, measured construction.

Can employees retain attorney-client privilege for e-mails sent to their lawyers using employer-provided e-mail and computers? Attorney Anthony E. Davis seeks to reconcile apparently inconsistent ...

Not all communications are protected by attorney-client privilege. Underlying facts are discoverable. Privilege cannot, and should not, be used to protect facts from being discovered. Id. at 395.

From U.S. v. Heppner, handed down today by Judge Jed Rakoff (S.D.N.Y.): At a pretrial conference in this matter held on February 10, 2026, the Court … granted from the bench the Government's motion ...

Q: We are in a civil case with others, suing a person who engaged in fraudulent misconduct. We share the same attorney who is trying to establish that the attorney-client privilege between this guy ...