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Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them

February 16, 2026 By Daniel Felz and Dorian Simmons

On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]

Filed Under: AI Cybersecurity & Privacy, Artificial Intelligence (AI) Tagged With: AI, Evidence, Litigation, Privilege

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