A series of federal court decisions beginning with United States v. Heppner (S.D.N.Y., Feb. 17, 2026) has established that AI-generated materials and the prompts used to create them are generally discoverable in litigation and not protected by attorney-client privilege or work-product doctrine when created by clients or non-attorneys using third-party tools. In Heppner, defendant Matthew Heppner fed privileged attorney communications into an AI platform. Judge Jed Rakoff ruled that this conduct waived privilege over both the AI outputs and the underlying communications, finding that AI tools lack attorney-client relationships and that platform terms of service—not legal protections—control confidentiality. Related decisions in In re OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 2025) compelled production of millions of anonymized user prompts and logs under standard discovery rules. Concord Music Group v. Anthropic PBC (N.D. Cal., 2025) deemed non-legal employee AI outputs discoverable, while Tremblay v. OpenAI, Inc. and Warner v. Gilbarco differentiated protections based on whether the user was an attorney and whether litigation was anticipated.