Cyber Sip

Recent Cases, Key Lessons: Heppner & Warner on Keeping Sensitive Data Out of Open AI


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Are you risking your legal case by chatting with open AI platforms like ChatGPT or Claude? You're not alone, and this episode reveals critical insights that could save your case—whether you're a lawyer, a client, or someone handling sensitive info. In this eye-opening discussion, Kevin Szczepanski dissects two landmark cases—US v. Heppner and Warner v. Gilbarco—that show how courts are scrutinizing AI communications in both criminal and civil contexts. Learn why, in the Heppner case, prompting AI without your lawyer's guidance led to the betrayal of attorney-client privilege, and why, in Warner, a pro se litigant’s use of AI didn’t waive work product protections. These rulings might seem straightforward, but they hold powerful lessons for anyone using AI to handle sensitive legal, financial, or personal information. Listen in for Kevin’s analysis and stay tuned for updates on this increasingly relevant and complex topic.

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Cyber SipBy Barclay Damon LLP