CAIveat Emptor: What You Tell AI Can and Will Be Used Against You

Judge Jed S. Rakoff of the Southern District of New York ruled in February 2026 that a criminal defendant's communications with the AI platform Claude were not protected by attorney-client privilege or the work product doctrine, as they were made without counsel's involvement. The ruling in United States v. Heppner highlights that sharing sensitive information with consumer AI platforms exposes it to potential court scrutiny and discovery. Businesses are urged to quickly establish AI acceptable use policies to mitigate litigation risk, trade secret exposure, and other dangers.