CAIveat Emptor: What You Tell AI Can and Will Be Used Against You
Summary
The article analyzes the legal risks of using AI in business communications, focusing on how AI prompts and open AI platforms may defeat traditional protections like attorney-client privilege and the work product doctrine. It reviews United States v. Heppner (SDNY, 2026) and Judge Rakoff's ruling that highly sensitive AI searches may not be protected, then offers practical guidance for businesses to implement AI governance. It highlights the potential broader impact on industries such as commercial real estate and provides actionable steps to minimize risk when using AI.