Court decision · Feb 2026
Privilege is not automatic.
United States v. Heppner
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The court denied privilege and work-product protection for a defendant’s AI materials created without counsel’s direction.
Read the source (opens in a new tab)Sensitive content. Thoughtfully handled.
Sensitive content.
Under your
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Work confidently with sensitive information across documents and digital surfaces.
In the age of AI / What changed
Information moves.
Sensitivity stays.
AI changes what we can do with a document. It doesn’t remove the care it deserves.
What AI can access. What stays private. What gets shared.
Court decision · Feb 2026
The context matters.
Warner v. Gilbarco
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A different court protected a self-represented litigant’s AI-assisted litigation materials as work product.
Read the source (opens in a new tab)Court decision · Mar 2026
Protection depends on context.
Morgan v. V2X
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Distinguishing Heppner, the court allowed a self-represented civil litigant to assert work-product protection over AI use.
Read the source (opens in a new tab)Professional guidance · 2024
Confidentiality remains a duty.
ABA Formal Opinion 512
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Lawyers must evaluate disclosure risks when using generative AI, alongside duties of competence, communication, and supervision.
Read the source (opens in a new tab)Federal regulation · 2024 rule
Some records require more care.
42 CFR Part 2
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Substance-use treatment records carry specific confidentiality protections, including restrictions on use in proceedings against patients.
Read the source (opens in a new tab)Federal policy · Apr 2025
Adoption comes with safeguards.
OMB Memorandum M-25-21
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Federal AI policy pairs faster adoption with protections for privacy, civil rights, and civil liberties.
Read the source (opens in a new tab)Different facts, different outcomes. These sources explain the stakes; they do not establish protection for any particular tool.
Sotto for Public Records
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Sensitive work goes
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The same care belongs wherever sensitive information lives: documents, conversations, email, and calendars.
Sotto Notes
In developmentPrivate transcription and notes for sensitive conversations.
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The Sotto library
Research on privacy, AI, and sensitive work.
A note on our name
Sotto voce.
Under the voice.
Italian for speaking in a private manner.
A confidential remark, not to be broadly overheard.