US v. Heppner: What the February 2026 ChatGPT Ruling Means for Your Firm

The first federal court to hold that consumer AI use may waive attorney-client privilege. Here is what happened and what to do.

All practicing attorneys and law firm leadership — particularly those using AI tools on client matters or advising clients who use AI in contexts where privilege may be asserted.

Most attorneys heard about the Heppner ruling through brief news coverage but do not have a clear understanding of the three legal grounds the court relied on, which of those grounds applies to firm AI use (as opposed to client AI use), and what specific controls satisfy the ABA Rule 1.6 reasonable efforts standard going forward.

A complete briefing on US v. Heppner covering: what happened (facts and procedural history), the three grounds for the privilege ruling (AI platform not an attorney; no reasonable expectation of privacy; client self-directed AI use without attorney direction), implications for law firm AI use, a before/after analysis of common AI scenarios, and five actionable steps for this week.