United States v. Heppner

A minor pre-trial ruling out of the Southern District of New York has caused rather more spluttering over coffee than the underlying case probably deserves. Judge Jed Rakoff, eminent, formidable, and now 82, has quietly released a cat among the pigeons.

In United States v. Heppner, he ruled that a defendant’s written exchanges with a public AI system (Claude) about defence strategy were not protected by attorney-client privilege or the work-product doctrine. Asking ChatGPT, Claude or Gemini for case strategy, in the Court’s view, is essentially the same as asking a helpful stranger on a park bench. One who is neither a lawyer nor bound to keep a secret.

The problem was not that he wrote down his defence thinking. It was that he disclosed that thinking to an external entity first. The Court effectively treated the exchanges as the equivalent of handing one’s notes to a third party not bound by confidentiality before ever showing them to counsel.

The Court’s reasoning is worth reading in full because it is quite specific and blunt. Privilege failed because Claude is not a lawyer, the exchanges were not confidential given the platform’s data-use terms, and the defendant was acting on his own rather than at counsel’s direction.

OpenAI’s Sam Altman has publicly cautioned that one should assume conversations with ChatGPT are not private and may be disclosable. Sensible advice in a data-retention age. But the strangeness here is more specific. The defendant was not casually chatting. He was, in effect, drafting his own defence and pressure-testing arguments. Had he written the same material in a notebook, a Word file, or on the back of an envelope, no one would suggest privilege had evaporated because the medium involved electricity. Introduce an LLM, however, and the notes apparently become a conversation with an unlicensed and rather indiscreet entity.

What the ruling does not grapple with is the obvious next set of questions. Are enterprise systems different from public ones? Does it matter if the model is contractually bound not to train on or retain data? What if the discussion is anonymised and conducted purely in the abstract? Investigators and lawyers are already using enterprise deployments precisely to avoid the “third party disclosure” problem. The judgment is notably silent on whether that distinction matters, which leaves us in the slightly surreal position of not knowing whether they are using a tool or accidentally publishing their thoughts. judgment also edges into curious territory by treating the model as though it were a quasi-person rather than software.

For investigators, this is awkward. We routinely map facts, test hypotheses, and think about client strategy on paper or screen. Are we now to assume any exploratory exchange with an LLM is potentially discoverable? Does the answer change depending on which version is used? The ruling offers limited comfort.

It is beyond presumptuous to second-guess a ruling on new technology by one of New York’s most distinguished and longest serving jurists, but I struggle to see this being the final word. For the moment, it is the law in the Southern District. The case itself is relatively modest and unlikely to be appealed, so the ruling may sit there for some time, like a grenade politely passed around the dinner table.

Lawyers we have spoken to range from baffled to quietly alarmed. The practical guidance emerging is stark. Assume every interaction with a public LLM is discoverable. Enterprise systems are being treated as the safer course, though whether they are legally safer remains, at present, an unanswered question.

No doubt the courts will eventually decide whether these systems are tools, agents, or something resembling an over-eager junior who takes meticulous notes and forwards them to the other side. Until then, those of us who write down our thoughts may wish to remember that, in this new world, the walls apparently have ears…and an autocomplete function.

The following Raedas team members have prepared this update: Andrew Wordsworth, Emad Rajeh

Andrew Wordsworth – Partner, Dubai (awordsworth@raedas.com)
Emad Rajeh – Senior Associate, Washington, D.C. (erajeh@raedas.com)

Venezuela’s Long Road Back: Creditors, Control and the Price of Reconstruction

Venezuela stands at a decisive juncture. Asset recovery and creditor restitution have moved from the margins to the centre of the country’s economic and political future. What were once regarded as technical legal matters now fundamentally shape prospects for stability and governance legitimacy. Following years of sovereign default, protracted litigation over strategic assets such as CITGO, and a complex web of bilateral and commercial claims, the coming weeks threaten to rewrite both creditor hierarchies and Venezuela’s economic trajectory. The question is no longer whether change will come, but what form it takes.

Here are the six key considerations that will help shape the future of Venezuela:

Sanctions and Licensing Signals

The evolution of US sanctions and licensing policy remains the single most consequential external variable in the near term. US Treasury and OFAC designations (and, critically, clarifications on what transactions are permissible) directly affect PDVSA’s ability to engage with creditors, settle claims, and restore oil-sector cashflows. Since 2017, sanctions have prohibited dealings in Venezuelan debt and severely constrained financing activity, freezing most restructuring pathways. Any shift by Washington, whether incremental relaxations tied to political targets or broader licensing for investment and trade, could rapidly alter the feasibility of debt talks and the pace at which operational revenues return to the system.

Oil export mechanics as a real-time barometer

The mechanics of Venezuela’s oil exports offer a practical, real-time indicator of fiscal viability. Storage capacity constraints, access to diluents required to process heavy crude, and tanker movements all provide immediate insight into whether PDVSA can sustain even limited hard-currency inflows. Exports to traditional Asian buyers have been stalled since November following the US blockade, which has increased stockpile pressure. The recent announcement of a US ‘indefinite’ control over Venezuela’s oil sales will alleviate some of this pressure, although it remains unclear what portion of revenues will be shared with PDVSA and Venezuela. The country’s reliance on imported diluents, including light crude from Iran, further exposes operations to disruption. Tracking these dynamics in the coming weeks will be essential to understanding how long PDVSA can maintain activity and determining what that means for Venezuela’s near-term liquidity.

CITGO process milestones

At the core of creditor leverage lies the unfolding process surrounding US-based CITGO, long regarded as Venezuela’s crown-jewel overseas asset. A lengthy court process to sell shares in PDV Holding, CITGO’s parent, saw a Delaware judge in November 2025 authorise a USD 5.9 billion bid from an affiliate of Elliott Investment Management, a result that largely favours PDVSA’s 2020 bondholders. Venezuela and rival bidders have challenged the order on appeal, leaving ultimate outcomes uncertain. Judicial decisions in the US (including appeals, licensing responses and any final auction approvals) will unfold over the coming months and could materially reshape recovery values and creditor hierarchies, given CITGO’s importance to long-term revenue generation.

Bilateral creditor behaviour

Beyond Western commercial creditors, Venezuela’s liability profile includes substantial bilateral exposures, particularly to China and Russia – both of whom have engaged in quiet renegotiations, offsets and cargo-backed arrangements that bypassed conventional bondholder processes. These manoeuvres matter not only for recovery economics, but also for the formation of strategic creditor blocs. This will be especially relevant with a greater US involvement in PDVSA. The interaction between state-to-state interests and commercial creditor demands has the potential to reshape pari passu debates and any eventual negotiated framework.

Signals of a sequenced framework

While markets may react to the volatile political developments making front page news, lasting outcomes will depend on the creation of a coherent, sequenced repayment framework. A credible plan that integrates bonds, arbitration awards, bilateral facilities and ongoing enforcement actions into a transparent settlement architecture could unlock both creditor engagement and wider investment confidence. In the absence of clear sequencing and governance oversight, ad hoc deals risk deepening fragmentation and entrenching uncertainty.

Looted assets and restitution as a pillar of rebuilding

Beyond formal sovereign debt and corporate claims lie the misappropriated assets allegedly syphoned by Hugo Chavéz and, more recently, Nicolás Maduro and his inner circle, spanning cash reserves, foreign real estate and cryptocurrencies. Recent actions to preserve such assets, including freezes imposed by Switzerland following Maduro’s capture, explicitly acknowledge the possibility that these funds could be returned for the benefit of the Venezuelan population. Although legally complex, restitution arguments are gaining traction that these assets properly belong to the Venezuelan state and could be mobilised both to satisfy creditor claims and to fund social and reconstruction priorities. Integrating looted-asset recovery into a broader strategy of restitution and national rebuilding could mark a shift from crisis management toward sustainable recovery.

If you would like to discuss this topic further, please contact Joana and the team at enquiries@raedas.com.

Raedas Expands Global Footprint with New Singapore Office Led by Top Tier Enforcement Lawyer

LONDON / SINGAPORE — 12 November 2025 — Raedas is pleased to announce the opening of its newest office in Singapore, deepening the firm’s presence in one of the world’s leading hubs for cross-border disputes, arbitration, and enforcement.

The expansion strengthens Raedas’ ability to support clients across Asia-Pacific, reinforcing its footprint across key global arbitration centres including London, Dubai, and Washington, D.C. The new office – led by Marjolein van den Bosch-Broeren – reflects the firm’s commitment to leadership that combines multidisciplinary enforcement expertise with regional insight and global perspective.

Marjolein joins Raedas as Managing Director. A dual-qualified lawyer with over two decades of experience in complex cross-border litigation, arbitration, and asset recovery, Marjolein brings with her an established network of law firms, corporates, financial institutions, and funders across Asia, Europe, and North America. Marjolein joins Raedas from Omni Bridgeway, where she served as Head of Enforcement (APAC) based in Singapore for more than seven years, gaining first-hand battle experience in pursuing and monetising awards and judgments with the fund’s own capital at risk. Having lived and worked in Asia for over twelve years, she has played a key role in converting favourable outcomes into tangible recoveries for clients.

Marjolein’s appointment expands Raedas’ female-led enforcement practice, joining forces with Partner Joana Rego and Associate Managing Director Isabel Asquith. Together, they represent one of the few women-led asset recovery teams worldwide, further strengthening Raedas’ reputation for being a leader in evidence-based investigative support.

“Marjolein’s arrival marks an exciting new chapter for Raedas, one that extends beyond the opening of our Singapore office,” said Joana Rego, Partner at Raedas. She went on to note, “Her extensive experience in the enforcement advisory space enhances our ability to respond swiftly and effectively to client needs, while deepening our collaboration with lawyers specialising in this field.”

As Marjolein shared, “Raedas has established itself as the go-to firm for intelligence-led support in complex disputes. The opportunity to build an enforcement and recovery practice within that ecosystem from Singapore, where so many cross-border matters converge, is incredibly exciting. I am thrilled to work with Raedas’ brilliant team around the world to help our clients achieve the best possible outcomes, and I look forward to helping our clients navigate obstacles with rigour and strategy.”

Building on the 2024 opening of Raedas Dubai, Raedas Singapore will serve as a regional hub for litigation support, sovereign disputes, and high-value enforcement, and enable the Raedas team to work closely with clients, counsel, and stakeholders across South East Asia, China, and India, complementing Raedas’ presence in London, Washington DC, and beyond.

Raedas moves into Downtown Dubai office

Raedas is pleased to announce its move to a new office in the heart of Downtown Dubai following its regional launch in March 2024.

Located in Emaar Square, the new office will create a hub for Raedas to continue to support clients across the Gulf and wider region .

The new office provides an expanded space to collaborate, host clients and strengthens the firm’s base in one of the world’s most dynamic centres for commercial disputes.

The move comes as the team prepares for Dubai Arbitration Week 2025, where Raedas looks forward to connecting with colleagues and clients from across the global arbitration community.

“Eighteen months after opening in Dubai, the move to Emaar Square supports the growth of our local team and gives us more room to collaborate – with each other and with our clients,” said Matthew Walker, Head of Raedas Dubai.

For enquiries, please contact:
enquiries@raedas.com

Raedas team recognised by Spears500 for third consecutive year

Andrew Wordsworth and Nicholas Bortman, Founding Partners of Raedas have once again been ranked as ‘Top Recommended’ advisers in the 2025 edition of Spears500, in the category for Security, Intelligence and Investigations. This marks the third consecutive year that Andrew and Nicholas have received this recognition.

We’re also delighted to announce that Matthew Walker, Head of our Dubai office, has been ranked for the first time as a ‘Recommended’ adviser.

In March 2024, Raedas opened a permanent office in Dubai to meet the growing demand for specialist investigative support on contentious matters across the region. With Matthew permanently in the UAE and Andrew now also making Dubai his base, we are deepening our commitment to clients in the GCC and beyond.

Raedas is regularly instructed by the world’s leading law firms, family offices and UHNWIs in major international disputes. Andrew Wordsworth has been described as ‘a man you’d want in your corner when you’re in a tight spot’ and is frequently sought out by high-profile individuals for his expertise. Nicholas Bortman has also received high praise and is widely regarded by clients as ‘an exceptional investigator.’

This latest accolade follows Raedas’ Band 1 ranking in the Chambers 2025 Litigation Support Guide, where Nicholas, Andrew, fellow Founding Partner Joana Rego and Associate Managing Director Isabel Asquith were all individually awarded Band 1 rankings for Business Intelligence & Investigations.

Read more about Andrew, Nicholas and Matthew’s rankings here.

RAEDAS LEADS THE LITIGATION SUPPORT RANKINGS FOR THE 7TH YEAR

Raedas has been recognised as a market leader in the Chambers and Partners 2025 Litigation Support Guide for the 7th consecutive year, maintaining a Band 1 ranking for the firm in both the Business Intelligence & Investigations and Asset Tracing & Recovery categories.

Raedas remains the only firm to hold a Band 1 ranking across both categories.

Our three Founding Partners, Nicholas Bortman, Joana Rego and Andrew Wordsworth remain Band 1 ranked for Litigation Support: Business Intelligence & Investigations. Joana and Nicholas also maintain their Band 1 ranking for Global Asset Tracing & Recovery.

For the first time, Associate Managing Director Isabel Asquith also entered the rankings in both the Business Intelligence & Investigations and Asset Tracing & Recovery categories.

Clients praise Raedas’ “dynamic and energetic team” and “superb” analytical skill and expertise, describing the firm as “preeminent”, “uniquely clever”, and offering a “tailored and focused service” with a “global reach”.

The rankings reflect independent assessment by Chambers & Partners’ research teams, including comprehensive interviews with clients, law firms and peers across the investigations and legal market.

The complete listings for Raedas are available here.