Analysis
When the AI becomes a witness against you
Three federal rulings show why AI-related protection disputes turn on governing doctrine, procedural posture, counsel direction, and the material actually claimed.
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Criminal exposure
Evidence, attribution, intent, and procedure where AI systems enter criminal matters.
Records on this topic
S.D.N.Y. · No. 1:25-cr-00503-JSR
United States v. Heppner
A February 17, 2026 ruling that 31 documents a criminal defendant generated with a public AI assistant were protected by neither attorney-client privilege nor the work-product doctrine, because counsel had not directed the work and the service's privacy policy defeated the asserted confidentiality.