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This blog is based on the government’s motion in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb 6, 2026) (available on PACER) and reports from legal and media outlets confirming that the judge in that case granted the government’s request to treat AI materials generated by the defendant as not privileged.
Judge Jed Rakoff of t...
In light of this week’s ruling in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb. 6, 2026), I am adding the language below to my Firm’s fee agreement. In the Heppner case, Judge Jed Rakoff of the Southern District of New York ruled that 31 documents the defendant created using Claude (AI) before his arrest—and later gave to his attorneys—are not...
The Model Rules of Professional Conduct are clear about what must happen when a lawyer makes a “material mistake”, and the steps are grounded in the duty of competence, diligence, and communication owed to a current client.
The Ethical Framework
ABA Model Rule 1.1 requires legal knowledge and thoroughness.