US Judge Rules for First Time That Claude and Other AI Chats Lack Attorney-Client Privilege

The case arose from United States v. Heppner. Bradley Heppner, a former senior executive at GWG Holdings, was accused of using false statements and other means to defraud investors of more than $150 million. After coming under investigation, he used the consumer version of Anthropic’s Claude to organize his defense strategy. The case is significant because it marks the first ruling to define the limits of attorney-client privilege and work-product protection when generative AI is used to prepare a legal defense.

US District Judge Jed Rakoff of the Southern District of New York ruled from the bench on February 10, 2026, and issued a 12-page written opinion on February 17. He found that about 31 Claude documents generated by Heppner himself were not protected by attorney-client privilege or the work-product doctrine because Claude is not a lawyer, the conversations were shared with a third-party platform, and the tool was not used at a lawyer’s direction. Prosecutors may obtain the documents.