Privilege
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December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26
Amendments effective December 1, 2025 to Federal Rules of Civil Procedure 16 and 26 emphasize early planning for privilege claims, encourage Rule 502 non-waiver orders, and highlight flexible approaches to privilege logging. The changes push...
A.I. Privilege, Heppner, and How Did the Court Learn About the Absence of Certain Attorney-Client Communications Between Mr. Heppner and His Attorneys?
In U.S. v. Heppner, Judge Rakoff held that AI-generated documents were neither privileged nor work product. This article examines the court’s reliance on ECF 23-5 and the absence of attorney direction in shaping that outcome.