Moish Peltz Quoted in Business Insider on AI Chat Privilege Waiver
FRB’s Co-Managing Partner Moish E. Peltz was quoted in a Business Insider article examining a recent court ruling that serves as a cautionary reminder for anyone using AI tools like ChatGPT, Claude, or Perplexity to organize thoughts or draft communications connected to legal matters.
The article reports on a recent decision from a federal judge who ruled that prosecutors could access the defendant's Claude chat transcripts, even though criminal defense counsel argued the chats should be treated as privileged. The decision highlights a growing issue for clients and counsel alike: AI chats may be discoverable when they are not created expressly pursuant to an attorney-client relationship, and especially when stored through third-party platforms.
In the article, Moish emphasized both the legal logic behind the decision and the practical risk it reveals. “My gut reaction is that the decision is directionally correct,” Moish Peltz told Business Insider, following his viral X post about the decision. “There’s a lot of materials that should be kept as privileged that people are putting into AI.”
Your AI conversations aren't privileged. Yesterday, Judge Jed Rakoff ruled that 31 documents a defendant generated using an AI tool and later shared with his defense attorneys are not protected by attorney-client privilege or work product doctrine.
— Moish Peltz (@mpeltz) February 12, 2026
The logic is simple: an AI…
Read the full Business Insider article here.
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