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When the Client Brings the AI
The NYC Bar’s Formal Opinion 2025-6 addresses what happens when clients use their own AI tools to record and transcribe conversations with their lawyers. Read alongside Heppner, the opinion establishes one clear duty (warning clients of AI-related privilege risks) and suggests two further responses (providing privilege-preserving alternatives and redesigning communication channels) that the rules do not yet require but that the foreseeability shift Heppner introduces makes worth taking seriously.
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The API Is Not a Compliance Strategy
Using an LLM through an API rather than a consumer chatbot improves your data-handling posture — sometimes dramatically. But an API alone does not satisfy FERPA, HIPAA, or any other regulatory framework, and treating it as though it does mistakes a technical control for a legal one.
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Your AI Conversations Are Not Confidential — And a Federal Court Just Said So
A comparison of Anthropic's data-handling policies across Claude's consumer and commercial tiers — and why the distinction now carries real legal consequences after the SDNY's decision in United States v. Heppner.
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