Courts issued two seemingly conflicting rulings on whether AI generated materials are protected. Heppner (S.D.N.Y.) found that documents created with a consumer version of Claude AI were not privileged or work product because the tool exposed data to a third party provider. Warner (E.D. Mich.) reached the opposite result the
Peter Cramer
Peter Cramer is an associate in the Corporate Department and a member of the Technology, Media & Telecommunications Group.
Peter earned his J.D. from Columbia Law School in 2021, where he was honored as a James Kent Scholar and received the Michael D. Remer Memorial Prize for Excellence in Copyright and Art Law. At Columbia, Peter served as co-President of the Entertainment, Art and Sports Law Society; as coach of AIPLA, Columbia's intellectual property moot court team; and as a staffer for the Columbia Journal of Law and the Arts.
Peter received his B.A. from Wesleyan University in 2014, where his senior thesis documentary film earned him Departmental Honors and the Best Documentary Award from the Film Studies Department. After college, he was nominated for an Emmy for his work on the documentary film American Experience: The Mine Wars. Peter was born and raised in Massachusetts.
SDNY Addresses Privilege and Work Product Implications of Using Unsecured Public AI Tools
A recent decision in United States v. Heppner appears to be the first federal ruling to directly address attorney‑client privilege and work‑product issues arising from a non‑lawyer’s use of a consumer-grade insecure AI tool for legal research. The court held that materials generated through Anthropic’s consumer version of Claude were…
Amazon Acts Against DMCA Abuse
Competition between Amazon’s third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering free products in exchange for perfect reviews, or targeting competitors with so-called “review bombing”). Last month, in the latest round of this push and pull, the online retail giant blew the whistle on several merchants who Amazon claims crossed a red line and may now have to face litigation in federal court.