Extract from Nicholas Malfitano’s article “AI-Generated Docs Shared With Counsel Are Not Privileged, NY Fed Judge Rules in Criminal Fraud Case”
In a ruling with potential far-reaching implications, a New York federal court judge issued a bench order in a multi-million dollar fraud case stating legal documents generated with artificial intelligence tools lack confidential privilege.
On Tuesday, U.S. District Judge Jed S. Rakoff ruled that 31 AI-generated documents defendant Bradley Heppner produced using AI are not privileged and therefore prosecutors can access the materials before the criminal fraud trial. Ruling from the bench, Rakoff granted the U.S. District Court for the Southern District of New York’s motion filed Feb. 6 seeking to access the documents.
Rakoff did not issue a written opinion accompanying his oral bench order.
