US v. Heppner: AI Documents Aren't Privileged When the Vendor Retains Data

Judge Rakoff rules 31 documents created using consumer Claude AI are not privileged—because the vendor expressly disclaimed confidentiality. Full transcript analysis with the court's reasoning on both privilege and work product grounds.

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Why Architecture Matters More Than Privacy Policies

The Stored Communications Act, encryption at rest, and vendor contracts cannot protect privileged legal content the way architectural controls can. Four layers of the problem—and the architectural answer.

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Why RAG Will Make You Sad (In Law)

RAG pipelines chunk, embed, and similarity-search legal documents—three lossy steps that discard precision, structure, and cross-references. Why legal documents demand inference-over-inference instead of approximate retrieval.

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Your Case Exists. Your Argument Doesn't.

The bigger danger isn't AI hallucinating fake cases—it's citing real cases that don't support your argument. Why AI can't distinguish a holding from a rejected argument, and how to protect yourself.

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The Stored Communications Act and AI: Why Lawyers Are Right to Be More Cautious

Why do lawyers treat ChatGPT differently than Google Workspace? The answer lies in the Stored Communications Act and whether AI providers qualify as Remote Computing Services—a question courts haven't yet answered.

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How to Use AI: From Local to Cloud

A no-nonsense guide to your options—from running models on your Mac with Ollama to just using ChatGPT free. Different tasks need different tools. Here's how to pick the right one.

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How to Conduct AI Vendor Due Diligence for Law Firms (2026 Checklist)

AI vendor due diligence requires more than just a SOC 2. Learn the 30 critical questions law firms must ask about training data, retention, hallucinations, and subprocessor liability.

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Zero Data Retention (ZDR) for Law Firms: A Buyer's Guide to Legal AI

What does "Zero Data Retention" actually mean? We explain the pitfalls of "abuse monitoring" logs, the difference between ZDR and non-training policies, and what language to demand in your contracts.

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Attorney-Client Privilege and Generative AI: A Guide to Risk and Compliance

Can lawyers ethically use ChatGPT? The short answer is yes, but not the consumer version. This guide details the four AI data models and how to maintain privilege while using generative AI.

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Topics We Cover

Attorney-Client Privilege Zero Data Retention AI Vendor Due Diligence Data Retention Policies AI Data Controls Legal Ethics Opinions DPA & Contract Language SOC 2 & Compliance Subprocessor Liability Third-Party Doctrine Stored Communications Act Abuse Monitoring Loopholes AI Hallucinations Semantic False Positives RAG Architecture Document Chunking