United States v. Heppner, explained in plain English
By Nick Steiner, founder of Confidelio · Updated
Short answer: United States v. Heppner is a 2026 federal criminal case in Manhattan in which Judge Jed S. Rakoff held that a defendant's conversations with a consumer AI, Claude, were not protected by attorney-client privilege or the work product doctrine. He ruled from the bench on February 10, 2026 and filed his written reasons on February 17, 2026.
What happened in the Heppner case?
Bradley Heppner was charged in the Southern District of New York (case number 25-cr-503). After he received a grand jury subpoena, and without any suggestion from his lawyers, he used a consumer version of Anthropic's Claude to work through his situation. The FBI seized the resulting documents during a search of his home in November 2025, and his lawyers argued they were privileged.
What did the court decide?
- Not privileged: the AI is not an attorney, the chats were not confidential under the provider's privacy policy, and they were not a request for legal advice from a lawyer.
- Not work product: the documents were not prepared by or at the direction of his lawyers and did not reflect their strategy at the time.
- No later fix: sharing the AI's output with his lawyers afterward did not make it privileged.
- Waiver: to the extent he typed privileged information into the AI, he waived the privilege over it.
Did the judge say anything about lawyers directing AI use?
Yes, briefly. The court said that if counsel had directed the defendant to use the AI, the AI might arguably be seen as acting like a professional working as a lawyer's agent. That remark did not decide anything, because it was not the situation before the court.
Does Heppner apply to everyone?
It is a federal trial court decision, so it does not bind other courts, but it was the first ruling on the question and is widely cited. A federal court in Michigan protected a self-represented plaintiff's ChatGPT work as work product the same week, in Warner v. Gilbarco.
What happened to Heppner afterward?
According to the U.S. Attorney's Office, a jury convicted him on all counts on May 7, 2026.
Common questions
Which AI did Heppner use?
A consumer version of Claude, made by Anthropic.
Who decided United States v. Heppner?
Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York.
When was Heppner decided?
From the bench on February 10, 2026, with a written memorandum filed February 17, 2026.
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This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and policies change; check the sources and talk to a lawyer about your situation.