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When AI Waives Privilege: Attorney-Client Confidentiality and Work Product After the 2026 Federal Decisions

Preserve attorney-client privilege and work product protection in the age of generative AI. Analyze platform terms, implement effective governance frameworks, and apply the Heppner, Warner, and Morgan decisions to AI-assisted legal workflows.

2026-07-15 14:00:00

Program Details

2026-07-15 14:00:00

Program Details

2026-07-15 14:00:00

Over 1,000+ webinars

2026-07-15 14:00:00

Course Overview

The First Federal Decisions Have Landed

2026-07-15 14:00:00

Three federal courts have now ruled on whether privilege and work product survive client and counsel use of generative AI. The trilogy — Heppner (S.D.N.Y.), Warner (E.D. Mich.), and Morgan (D. Colo.) — did more to define the privilege analysis in six months than commentary did in three years.

Now the details decide the outcome. The platform’s terms of service can waive confidentiality. Whether counsel directed the use can make or break the claim. Whether the tool counts as a “party” or a “person” can govern waiver. Whether the protective order anticipated AI can determine survival. Every litigator whose client touches a consumer-grade tool is already exposed — and so is every in-house team running an enterprise deployment.

You walk out with the practitioner work product. The class walks the platform-by-platform contract analysis across OpenAI, Anthropic, and Microsoft Copilot. It builds a tiered AI governance playbook with Rule 502(d) protections. It dissects the Heppner three-pillar holding alongside Warner and Morgan on “tools, not persons.” You leave able to advise on platform selection, document counsel direction, and judge when AI-assisted work survives discovery.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Platform terms
Compare the contractual frameworks and confidentiality provisions used by OpenAI, Anthropic, and Microsoft Copilot.
02
Reasonable expectation
Assess when platform architecture and provider terms defeat a reasonable expectation of confidentiality, and when they preserve it.
03
Counsel direction
Document counsel involvement and direction to strengthen privilege and work product claims.
04
Tiered governance
Design and implement tiered AI governance frameworks and internal policies.
05
Heppner holding
Apply the three-pillar Heppner analysis to client counseling, discovery disputes, and litigation strategy.
06
Tools framework
Apply the “tools, not persons” framework to work product and waiver issues.

Program schedule

clock 2:00 pm - 2:30 pm EST

Helping Lawyers Choose the Right AI Platform

Examine how the choice between consumer-grade and enterprise AI platforms can affect attorney-client privilege and work product protection, including platform-specific terms of service, data-retention practices, model-training provisions, and contractual confidentiality commitments across OpenAI, Anthropic, and Microsoft Copilot.

Michael SimonMichael Simon
clock 2:30 pm - 3:00 pm EST

Building an AI Governance Playbook

Translate the 2026 federal decisions into concrete risk-management protocols, including documenting counsel direction, structuring tiered AI governance frameworks, vendor diligence, consumer-grade tool prohibition, and deploying Federal Rule of Evidence 502(d) orders and ESI protocols for AI-assisted workflows.

Michael SimonMichael Simon
clock 3:10 pm - 4:10 pm EST

Heppner, Warner, and Morgan: Privilege and Work Product Claims

Examine United States v. Heppner, Warner v. Gilbarco, and Morgan v. V2X — the first federal decisions addressing privilege and work product protection for AI-generated documents — including the three-pillar Heppner holding, the “tools, not persons” framework, and emerging waiver standards.

Meghan A. PodolnyMeghan A. Podolny
Adam GajadharsinghAdam Gajadharsingh
Meghan A. Podolny

Meghan A. Podolny

Hunton Andrews Kurth LLP

Michael Simon

Michael Simon

Law Plus Data LLC

Adam Gajadharsingh

Adam Gajadharsingh

Google

Meghan A. Podolny

Meghan A. Podolny

Hunton Andrews Kurth LLP

Meghan A. Podolny is a Partner at Hunton Andrews Kurth LLP in the firm’s Richmond office, where her practice focuses on complex commercial litigation, information governance and eDiscovery issues, and internal investigations. She leads the firm’s Information Governance & eDiscovery Group, providing state-of-the-art data management and eDiscovery advice and services to a wide variety of corporate clients, including the development of enterprise-level best practices and tailored protocols to streamline discovery preparation and response. Meghan frequently serves as eDiscovery counsel to advise and lead massive discovery response plans, often in response to internal investigations, governmental subpoenas, or other requests.

Education & Credentials

Meghan earned her J.D. from The College of William & Mary in 2007, where she served as Articles Editor of the William & Mary Bill of Rights Journal, and her B.A., summa cum laude, from the University of Notre Dame in 2004. She is admitted to the Bars of the District of Columbia and Virginia.

Recognition & Leadership

Meghan currently serves as Vice Chair to the Steering Committee of Working Group 1 of the Sedona Conference. She was recognized as a Runner Up for Litigator of the Week by American Lawyer Litigation Daily (April 2022).

Professional Involvement

Meghan is a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns. She regularly leads presentations advising clients and lawyers alike on preservation obligations and strategies, predictive coding, and cross-border discovery issues. She is a member of Women in eDiscovery and the DC Bar Committee on eDiscovery, and co-authored The Sedona Conference Commentary on Privilege Logs (May 2024).

Experience

Meghan's practice spans complex commercial litigation, information governance, and eDiscovery. Her experience includes developing enterprise-level information governance best practices, tailoring protocols to streamline discovery preparation and response, and leading massive discovery response plans in response to internal investigations, governmental subpoenas, and other regulatory requests.
Michael Simon

Michael Simon

Law Plus Data LLC

Michael Simon is an Attorney and Owner of Law Plus Data, LLC, a boutique domestic and international law firm focused on Privacy, AI, and Electronic Discovery issues, where he leverages his unique skill set with technology and his experience managing data scientists to solve client problems with data. He is also the Chief of Strategy for Bells Up AI, a confidential and affordable AI platform for lawyers. Michael has spent years sitting between the legal world and technology — co-founding one of the first legal research dot-com start-ups, building groundbreaking innovations for one of the biggest law firms in the world, and serving as Technology Counsel for one of the first eDiscovery companies — and has proven time and time again that he can serve as the translator between lawyers and technologists.

Education & Credentials

Michael is a graduate of the Loyola University of Chicago School of Law, where he served as editor of the law journal, and Tufts University, where he graduated with honors. He is a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager (CIPM).

Recognition & Leadership

Michael is Co-Chair of the American Bar Association Business Law Section subcommittee on Consumer Privacy and Data Analytics. He is a Fellow at ForHumanity, an international public interest group that provides audit criteria and governance frameworks to assure the safe use of AI, and serves on the Board of Directors of the International Digital Workers Initiative.

Professional Involvement

Michael has been an Adjunct Professor at Michigan State University College of Law and Boston University School of Law. He has made over 100 presentations as a speaker, panelist, and moderator, and written dozens of articles on AI ethics and governance, eDiscovery, Privacy, and legal technology. He also serves as President of the Board of Directors of Greyhound Friends of Hopkinton, Massachusetts.

Experience

Michael is also the Principal of Seventh Samurai, LLC, a legal technology consulting firm, and serves as an expert on complex eDiscovery data issues for law firms, corporations, and government. His career has included co-founding one of the first legal research dot-com start-ups, building groundbreaking innovations for one of the largest law firms in the world, and serving as Technology Counsel for one of the first eDiscovery companies.
Adam Gajadharsingh

Adam Gajadharsingh

Google

Adam Gajadharsingh is Discovery Counsel at Google in Atlanta, where his practice focuses on all aspects of the litigation and government investigation discovery process, both in the United States and globally, including developing case discovery strategies, negotiating ESI protocols and protective orders, overseeing document collection, review, and production, addressing complex privilege issues, and developing eDiscovery best practices. Prior to joining Google, Adam was a Partner at Barnes & Thornburg LLP, where his practice focused on complex commercial litigation, eDiscovery, data privacy/security, and information management, and he was a member of the team assisting the Special Compliance Coordinator appointed by the U.S. Department of Commerce to monitor U.S. export control compliance of Zhongxing Telecommunications Equipment Corporation.

Education & Credentials

Adam earned his J.D. from Emory University School of Law and his B.A. from Tulane University.

Recognition & Leadership

Adam is Co-Team Leader of the Sedona Conference Working Group 1 Drafting Team for a Commentary on Reducing the Burdens of the Privilege Logging Process. He is also a member of Sedona's Drafting Team for a Commentary on Conducting eDiscovery of Modern Communication and Collaboration Platforms.

Professional Involvement

Adam has been a faculty member of Sedona's eDiscovery Negotiation Training program and regularly speaks about privilege issues. Over his career, he has trained hundreds of attorneys regarding privilege law and reviewed the validity of tens of thousands of privilege coding determinations.

Experience

Adam has handled all aspects of complex discovery, including taking and defending numerous depositions, arguing substantive motions in court, and winning a breach of contract jury trial as first chair. Before Barnes & Thornburg, he served as Senior Staff Attorney in the eMerge eDiscovery division at Troutman Sanders, where he served as the group's expert on attorney-client privilege issues.
Meghan A. Podolny

Meghan A. Podolny

Hunton Andrews Kurth LLP

Meghan A. Podolny is a Partner at Hunton Andrews Kurth LLP in the firm’s Richmond office, where her practice focuses on complex commercial litigation, information governance and eDiscovery issues, and internal investigations. She leads the firm’s Information Governance & eDiscovery Group, providing state-of-the-art data management and eDiscovery advice and services to a wide variety of corporate clients, including the development of enterprise-level best practices and tailored protocols to streamline discovery preparation and response. Meghan frequently serves as eDiscovery counsel to advise and lead massive discovery response plans, often in response to internal investigations, governmental subpoenas, or other requests.

Education & Credentials

Meghan earned her J.D. from The College of William & Mary in 2007, where she served as Articles Editor of the William & Mary Bill of Rights Journal, and her B.A., summa cum laude, from the University of Notre Dame in 2004. She is admitted to the Bars of the District of Columbia and Virginia.

Recognition & Leadership

Meghan currently serves as Vice Chair to the Steering Committee of Working Group 1 of the Sedona Conference. She was recognized as a Runner Up for Litigator of the Week by American Lawyer Litigation Daily (April 2022).

Professional Involvement

Meghan is a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns. She regularly leads presentations advising clients and lawyers alike on preservation obligations and strategies, predictive coding, and cross-border discovery issues. She is a member of Women in eDiscovery and the DC Bar Committee on eDiscovery, and co-authored The Sedona Conference Commentary on Privilege Logs (May 2024).

Experience

Meghan's practice spans complex commercial litigation, information governance, and eDiscovery. Her experience includes developing enterprise-level information governance best practices, tailoring protocols to streamline discovery preparation and response, and leading massive discovery response plans in response to internal investigations, governmental subpoenas, and other regulatory requests.
Michael Simon

Michael Simon

Law Plus Data LLC

Michael Simon is an Attorney and Owner of Law Plus Data, LLC, a boutique domestic and international law firm focused on Privacy, AI, and Electronic Discovery issues, where he leverages his unique skill set with technology and his experience managing data scientists to solve client problems with data. He is also the Chief of Strategy for Bells Up AI, a confidential and affordable AI platform for lawyers. Michael has spent years sitting between the legal world and technology — co-founding one of the first legal research dot-com start-ups, building groundbreaking innovations for one of the biggest law firms in the world, and serving as Technology Counsel for one of the first eDiscovery companies — and has proven time and time again that he can serve as the translator between lawyers and technologists.

Education & Credentials

Michael is a graduate of the Loyola University of Chicago School of Law, where he served as editor of the law journal, and Tufts University, where he graduated with honors. He is a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager (CIPM).

Recognition & Leadership

Michael is Co-Chair of the American Bar Association Business Law Section subcommittee on Consumer Privacy and Data Analytics. He is a Fellow at ForHumanity, an international public interest group that provides audit criteria and governance frameworks to assure the safe use of AI, and serves on the Board of Directors of the International Digital Workers Initiative.

Professional Involvement

Michael has been an Adjunct Professor at Michigan State University College of Law and Boston University School of Law. He has made over 100 presentations as a speaker, panelist, and moderator, and written dozens of articles on AI ethics and governance, eDiscovery, Privacy, and legal technology. He also serves as President of the Board of Directors of Greyhound Friends of Hopkinton, Massachusetts.

Experience

Michael is also the Principal of Seventh Samurai, LLC, a legal technology consulting firm, and serves as an expert on complex eDiscovery data issues for law firms, corporations, and government. His career has included co-founding one of the first legal research dot-com start-ups, building groundbreaking innovations for one of the largest law firms in the world, and serving as Technology Counsel for one of the first eDiscovery companies.
Adam Gajadharsingh

Adam Gajadharsingh

Google

Adam Gajadharsingh is Discovery Counsel at Google in Atlanta, where his practice focuses on all aspects of the litigation and government investigation discovery process, both in the United States and globally, including developing case discovery strategies, negotiating ESI protocols and protective orders, overseeing document collection, review, and production, addressing complex privilege issues, and developing eDiscovery best practices. Prior to joining Google, Adam was a Partner at Barnes & Thornburg LLP, where his practice focused on complex commercial litigation, eDiscovery, data privacy/security, and information management, and he was a member of the team assisting the Special Compliance Coordinator appointed by the U.S. Department of Commerce to monitor U.S. export control compliance of Zhongxing Telecommunications Equipment Corporation.

Education & Credentials

Adam earned his J.D. from Emory University School of Law and his B.A. from Tulane University.

Recognition & Leadership

Adam is Co-Team Leader of the Sedona Conference Working Group 1 Drafting Team for a Commentary on Reducing the Burdens of the Privilege Logging Process. He is also a member of Sedona's Drafting Team for a Commentary on Conducting eDiscovery of Modern Communication and Collaboration Platforms.

Professional Involvement

Adam has been a faculty member of Sedona's eDiscovery Negotiation Training program and regularly speaks about privilege issues. Over his career, he has trained hundreds of attorneys regarding privilege law and reviewed the validity of tens of thousands of privilege coding determinations.

Experience

Adam has handled all aspects of complex discovery, including taking and defending numerous depositions, arguing substantive motions in court, and winning a breach of contract jury trial as first chair. Before Barnes & Thornburg, he served as Senior Staff Attorney in the eMerge eDiscovery division at Troutman Sanders, where he served as the group's expert on attorney-client privilege issues.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL1.5
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Approved
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Approved
South Carolina
Approved
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Approved
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs