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Cyber SipAuthor: Barclay Damon LLP
Cyber Sip is an award-winning biweekly Barclay Damon Live podcast offering practical tips on improving every organizations cybersecurity. We talk with industry thought leaders to keep you up to date on cybersecuritys hottest topics, including: Federal, state, and international privacy laws Responding to data breaches, ransomware attacks, and other cyber incidents Regulatory investigations Privacy litigation Cyber-insurance coverage Best practices for managing cyber and data-privacy risks Language: en-us Genres: News, News Commentary Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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No Privilege for You, Heppner!—What Every Lawyer (and Client) Should Know Before Using AI
Episode 3
Wednesday, 25 February, 2026
In this episode, Kevin Szczepanski walks through the details of United States v. Heppner. In this landmark case, a federal judge ruled that a client’s use of Claude, an open AI platform, is not protected. As Kevin explains, the court determined that using the AI to “do his own research” exposed the client and waived protections so that neither the attorney-client privilege nor the work product doctrine applied. Hear about why communications with open AI platforms like Claude, Gemini, and ChatGPT aren’t confidential; how courts analyze whether a client is seeking legal advice via AI; and practical steps for attorneys and clients in the era of generative AI. This episode is essential listening for lawyers, compliance officers, and legal tech adopters who want to avoid costly mistakes and leverage AI responsibly. If you rely on AI to assist your legal work—or plan to—listen in.
