A federal judge recently concluded that the defendant in a white-collar securities dispute may not claim that his conversations with the artificial intelligence (“AI”) tool, Claude, are privileged. Litigators and clients now must take heed.
In September 2025, the U.S. Attorneys’ Office for the Eastern District of Pennsylvania (EDPA) announced that it would be implementing a White-Collar Justice Program to strengthen its white- collar enforcement framework. Among other things, the program will “empower Assistant United States Attorneys to aggressively pursue complex investigations and significant new matters on their own initiative.”
This announcement demonstrates another step in federal districts ramping up their white-collar enforcement efforts while encouraging robust procedures for compliance and self-disclosure. This is a trend several years in the making: in September 2022, then-Deputy Attorney General Lisa Monaco directed U.S. attorneys and others within the DOJ to review their policies on corporate voluntary self-disclosure, and to draft and share a formal written policy to incentivize such self-disclosure, if one was lacking.
Blog Editors
Recent Updates
- State AGs in Action: Health Care Enforcement in 2026 – Speaking of Litigation Video Podcast
- The DOJ’s New Corporate Enforcement Policy: A Familiar but Now Nationally Unified Framework for Voluntary Self-Disclosure
- The Case Was Settled, but ChatGPT Thought Otherwise: A Dispute Poised to Define AI Legal Liability
- “Claude Is Not an Attorney”: Individuals Risk Abandoning the Attorney-Client Privilege and Attorney Work-Product Doctrine When Consulting AI
- Prediction Markets v. State Gaming Laws: The Kalshi Litigation Gamble