Attorney-Client Privilege

eDiscovery and Information Governance Editors Pick

Protecting Privilege and Work Product in Discovery After Heppner and Warner

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Two 2026 decisions, Heppner and Warner, show that courts are not taking a uniform approach to privilege and work product claims involving generative AI. This article explains what those rulings mean for AI-assisted document review, ESI workflows, and the need for counsel-led discovery protocols.

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AI and Advanced Technologies Must Read

Lessons from the OpenAI Litigation on Safeguarding Privileged Information

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The OpenAI litigation sheds light on how courts evaluate attorney-client privilege claims in the context of AI-generated content and technical communications. This analysis outlines the court’s reasoning and offers best practices for safeguarding privileged information in the age of artificial intelligence.

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