SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI
March 03, 2026 —
Christopher J. Olsen, Freddy X. Muñoz & Gary M. Stein - Peckar & Abramson, P.C.Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a third party and then creating documents that may later be discoverable in litigation. In a closely watched bench decision, Judge Rakoff ruled that AI‑generated documents created by the target of a criminal investigation using Anthropic’s Claude were not privileged despite being generated with information learned from his attorneys to support his potential legal defense and then shared with his counsel. The decision highlights the unresolved and increasingly consequential intersection of AI, privilege, and discovery.
Facts
Bradley Heppner received a grand jury subpoena and hired attorneys at Quinn Emanuel to represent him. After learning he was a target of the investigation, but before he was arrested, he created 31 documents with Claude using information from his attorneys to outline a potential defense strategy. He was later arrested on charges of securities and wire fraud, and federal agents seized his electronic devices, which contained the 31 documents that had been provided to his attorneys. Mr. Heppner argued that the documents were created to prepare his potential defense strategy in anticipation of an indictment, but he conceded that he made the decision to prepare the reports on his own, i.e., not at the direction of counsel. He nevertheless claimed the documents were protected from disclosure by the attorney-client privilege and work product doctrine; the government moved to overrule the objections.
Reprinted courtesy of
Christopher J. Olsen, Peckar & Abramson, P.C.,
Freddy X. Muñoz, Peckar & Abramson, P.C. and
Gary M. Stein, Peckar & Abramson, P.C.
Mr. Olsen may be contacted at colsen@pecklaw.com
Mr. Muñoz may be contacted at fmunoz@pecklaw.com
Mr. Stein may be contacted at gstein@pecklaw.com
Read the full story...
Reminder: FOLLOW Your Well Drafted Contract Provisions
February 17, 2026 —
Christopher G. Hill - Construction Law MusingsI have early and very often stated that your
contract is the basis for everything relating to your construction project. Everything from “
no damages for delay” clauses to
attorney fees to
indemnity are found in those documents. A well drafted construction contract
sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things
should there be any dispute later.
However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and
highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is
only as good as those that are following it.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
On Checks and Balances
March 03, 2026 —
Garret Murai - California Construction Law BlogIt’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government.
In
Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals.
The Associated General Contractors of California Case
At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects.
Read the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Fort Lauderdale Team Secures Defense Verdict for Client in Premises Liability Lawsuit
December 30, 2025 —
Lewis Brisbois NewsroomFort Lauderdale, Fla. (October 27, 2025) - Fort Lauderdale Partner Paul Gamm and Associate Amber Dawson recently obtained a complete defense verdict for their client, a grocery store operator, in a premises liability case in Florida state court.
The accident in question occurred in December 2022, when two vehicles collided at an uncontrolled internal parking lot intersection at the grocery store property. The plaintiff refused to blame the other driver, a non-party at trial. The plaintiff alleged that the intersection should have been controlled with a stop sign because it lacked the appropriate sight distance for drivers to perceive threats from oncoming traffic.
The plaintiff filed suit against the client in the 17th Judicial Circuit Court of Florida. She claimed she suffered cervical and lumbar herniations, requiring one facet lumbar fusion and two outstanding surgeries.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Land Use Team Wins Appeal for Affordable Senior Housing Development in San Francisco
February 23, 2026 —
SheppardSheppard successfully defended client Mitchelville Real Estate Group and its non-profit development partner Bernal Heights Housing Corporation in an appeal of a 70-unit, 100% affordable senior housing development at 3333 Mission Street in San Francisco’s Bernal Heights neighborhood. The team secured approval of the project, representing the developer on complex land use issues including split zoning, SB 35, the State Density Bonus Law, the Housing Crisis Act, tribal cultural resources and the Subdivision Map Act. Although the ministerially approved parcel map for the project utilized SB 35, it was appealed to the San Francisco Board of Supervisors and unanimously rejected. Sheppard’s real estate transactional team also assisted with the acquisition of the property.
Read the full story...Reprinted courtesy of
Sheppard
NYC Billionaires’ Row Tower Could Need $160M Fix Amid Cracking
December 02, 2025 —
Emell D. Adolphus - Engineering News-RecordA cracking and crumbling New York City tower could leave the building “uninhabitable,” according to engineers who estimate that a $160 million renovation might be needed to fix 432 Park Avenue's striking white concrete facade.
Read the full story...Reprinted courtesy of
Emell D. Adolphus, Engineering News-RecordMr. Adolphus may be contacted at
adolphuse@enr.com
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
December 30, 2025 —
William L. Porter - Porter Law GroupThis is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Final Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterl
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