Think Before You Chat: What AI Tools Could Cost You in Court | Husch Blackwell LLP

US courts are rapidly establishing that confidential communications typed into public AI platforms like Claude and ChatGPT lose attorney-client privilege and work product protection, with a landmark February 2026 ruling (_United States v. Heppner_) finding that AI tools fail all three requirements for privilege and that sharing AI outputs with lawyers afterwards does not retroactively protect them.

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