United States: Trade Secrets

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
File First, Pay Later: XAI’s Dismissal, Apple’s New Complaint, And The Potential Cost Of Getting It Wrong
Two recent trade secret lawsuits against OpenAI reveal the critical difference between viable and dismissible claims under the Defend Trade Secrets Act. While xAI's case was dismissed and now faces a million-dollar fee demand, Apple's complaint demonstrates how to properly plead active acquisition, documented knowledge, and directed exfiltration in talent-raiding disputes.
United States IP
BR
Beck Reed Riden
Article
AI – The Quiet Erosion Of Privilege?
As artificial intelligence tools become integral to legal practice, they introduce unprecedented vulnerabilities to attorney-client privilege and confidentiality protections. Recent U.S. court decisions reveal conflicting interpretations of whether documents generated using public AI platforms retain privileged status, raising critical questions about data retention policies, third-party disclosure, and the fundamental nature of confidential legal communications in the digital age.
United States IP
BP
Baker & Partners
Article
What Every Multinational Should Know About … The First Use Of Economic Sanctions To Target Intellectual Property Theft
The Trump administration has deployed economic sanctions for the first time under the Protecting American Intellectual Property Act of 2022, targeting foreign actors involved in trade-secret theft. This unprecedented action signals a fundamental shift in how the U.S. government addresses international intellectual property theft, moving beyond traditional civil litigation to treat IP misappropriation as a national security threat with serious economic consequences.
United States IP
FL
Foley & Lardner
Article
Massachusetts Federal Court Reinforces Chapter 93A Causation Requirement And Rejects Trade Secret Misuse Theory In Pharmaceutical Case
A Massachusetts federal court granted summary judgment to Alexion Pharmaceuticals, dismissing Amyndas Pharmaceuticals' Chapter 93A unfair competition claim based on alleged misuse of confidential information during partnership negotiations. The decision rigorously enforces causation requirements and clarifies the boundaries between trade secret protection and legitimate competitive activity in pharmaceutical business development.
United States Litigation
GT
Greenberg Traurig, LLP
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