Post by Thomas Fox

There are court rulings that clarify the law. And then some rulings change how you run your compliance program. Judge Jed Rakoff’s decision in U.S. v. Heppner is the latter. If an employee types sensitive facts into a public AI platform, that content may be discoverable. Not privileged. Not protected. Discoverable. For CCOs and Boards, this is a flashing red light. AI governance is no longer optional. It is a litigation, privilege, and evidence management issue. In this blog post, I break down what the Court held, why “retroactive privilege” failed, and the concrete steps every compliance leader should be taking right now. If AI is embedded in your organization, this ruling affects you. #AICompliance #AttorneyClientPrivilege #CorporateGovernance #DOJECCP #RiskManagement