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Claude, ChatGPT, and Privilege: Proceed With Caution, Employers

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recent Southern District of New York decision is being described as “AI destroys privilege.

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rdquo; That’s not what the court held. But employers using consumer AI tools in connection with employment decisions should pay

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ttention. TL;DR: In United States v. Heppner, the court held that documents a criminal defendant generated using Anthropic’s Claude were not protected by attorney-client privilege or work product because the tool was not an attorney, its

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