IP Law Daily, EXPERT INSIGHTS: Defense counsel required to produce ‘strategy’ documents client generated with AI, (May 18, 2026)

By WK Editorial Staff

Article details pitfalls of AI use when assumptions about privacy contradict courts’ preference for discoverability.

In a case providing important guidance on the use of artificial intelligence in the practice of law, a federal district court in New York City recently stated, “AI’s novelty does not mean that its use is not subject to longstanding legal principles, such as those governing the attorney-client privilege and the work product doctrine.” Lando & Anastasi partner John T. Spangenberger breaks down the court’s holding in United States v. Heppner, No. 25-cr-00503-JSR (S.D.N.Y. Feb. 17, 2026) in an Expert Insights article. Spangenberger explains why the court determined that documents outlining a defense strategy in a criminal fraud matter—which had been generated by the defendant with AI platform, using information he had learned from counsel—were subject to discovery and were not privileged. According to Spangenberger, the ruling indicates that litigators should not assume that communications with an AI platform are privileged or confidential, although results may vary when there is an “attorney in the loop.”

The article, titled “Trusted Confidante to Star Witness: Federal Judge Rules Client’s AI-Generated Legal Strategy is Discoverable,” is available here.

Attorneys: John T. Spangenberger (Lando & Anastasi, LLP).

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