The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools
Employees feeding trade secrets into public generative AI tools like ChatGPT, Claude, or Google Gemini risk waiving legal protections, as these inputs may constitute voluntary disclosure to third parties without confidentiality guarantees.[1][2] The core event stems from a February 2026 U.S. District Court ruling in United States v. Heppner (Southern District of New York), where the court held that attorney-client privilege did not apply to documents prepared using Anthropic's Claude due to its privacy policy allowing data sharing with third parties, a logic now extending to trade secrets under the Defend Trade Secrets Act (DTSA).[1][2]