Artificial intelligence tools like ChatGPT and Claude are becoming increasingly common in both business and personal use—but a recent federal court decision highlights the serious legal risks that can arise when AI is used in connection with legal matters.
In United States v. Heppner (2026), a New York federal court ruled that communications between a criminal defendant and a generative AI platform were not protected by attorney-client privilege or the work product doctrine, even when the AI was used to analyze facts discussed with counsel. The court found that AI platforms do not create an attorney-client relationship, are not confidential due to their data policies, and cannot provide legal advice.
This article explores the court’s reasoning, the potential consequences of using open-source AI tools for legal research or strategy, and the practical steps both clients and attorneys should take to protect privilege and confidentiality in an evolving AI landscape.
Read More About A Warning for Clients: Using AI for Legal Strategy May Not Be Privileged
DeWitt LLP is pleased to share that Partner Douglas H. Frazer authored the lead article in the February 2026 issue of Wisconsin Lawyer. In “Wisconsin’s Northern Border Conflict Revisited,” Frazer explores the historic dispute between Wisconsin and Michigan that was ultimately resolved by the U.S. Supreme Court in 1926, offering insight into the legal and practical principles that shaped the Court’s decision and Wisconsin’s northern boundary.
Read More About DeWitt Partner Douglas H. Frazer Published in Wisconsin Lawyer
The U.S. Citizenship and Immigration Services (USCIS) has announced a significant update to the selection process for cap-subject H-1B visas. These changes will take effect on February 27, 2026, and will apply to the annual H-1B lottery scheduled for March 2026.
Read More About Major Change in the H-1B Lottery Selection System Announced
DeWitt LLP is proud to announce that Partner Brody Richter has been named to the Wisconsin Law Journal’s Construction and Real Estate Law Powerlist, recognizing leading attorneys whose work has made a significant impact in construction and real estate law across Wisconsin. Read More About Brody Richter Named to Wisconsin Law Journal’s Construction and Real Estate Law Powerlist
