Foster Swift Educational Events

Practical Guidance for Navigating AI, Privilege & Confidentiality After U.S. v. Heppner

Digital signature on confidentiality agreement For many businesses, AI and its many uses have become engrained in daily business operations. However, in U.S. v. Heppner, the court held that entering confidential information into publicly accessible AI tools can waive attorney‑client, work‑product, and other critical privileges.

AI isn't going away and this decision raises urgent questions about how companies should approach AI-use responsibly.

Join our April 2nd Wednesday as moderator Rob Hamor welcomes litigator Alex Rusek. Alex will delve into what the Heppner decision means for employers, business owners, and anyone handling sensitive or regulated information including:

  • Why Heppner is a wake-up call: Learn how untrained or uninformed AI usage reinforces a growing risk of employees unknowingly waiving legal privileges.
  • Confidentiality and compliance best practices: Outlines why confirming platform terms of use, training staff, and implementing AI‑specific policies are simply no longer optional.
  • Practical safeguards for responsible AI use: A walkthrough of essential steps to reduce risk such as:
    • Consult legal counsel prior to entering any client data
    • Vetting AI vendors and what they do with your information
    • Training employees on AI’s limitations and data risks
    • Adopting clear AI policies
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