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AI-Generated Trade Secret Litigation

Comprehensive guide to protecting AI trade secrets, covering identification, litigation strategies, and risk mitigation under the DTSA.

2025-03-26 13:00:00

Program Details

2025-03-26 13:00:00

Program Details

2025-03-26 13:00:00

Over 1,000+ webinars

2025-03-26 13:00:00

Course Overview

Protecting Trade Secrets in AI-Driven Business

2025-03-26 13:00:00

Participants will learn strategies for identifying, safeguarding, and litigating AI-related trade secrets under federal and state law. These skills enable practitioners to advise clients navigating rapidly evolving technological and legal landscapes.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
AI Categories
Machine learning, computer vision, and natural language processing form AI’s main categories.
02
Trade Secret Risks
Public generative AI may jeopardize trade secrets through leakage and prompt injection attacks.
03
Legal Framework
UTSA and DTSA require secrecy efforts and information deriving value from being unknown.
04
Litigation Trends
Over 80% of trade secret judgments from 2017-2022 favored plaintiffs with increasing damages.
05
Case Developments
Courts address data scraping, prompt hacking, and economic espionage in recent AI cases.
06
Early Identification
Delayed trade secret identification causes unnecessary discovery costs and judicial economy concerns.

Program schedule

clock 1:00 pm - 1:45 pm EST

Understanding AI-Generated Trade Secrets and Potential Risks

This session explores the categories of AI technologies and what qualifies as an AI-related trade secret, from platform architecture to prompt engineering techniques. Attendees will learn strategies for mitigating AI system vulnerabilities including prompt injection attacks and trade secret leakage, along with essential contractual safeguards for protecting AI assets.

Carl KukkonenCarl Kukkonen
Emily J. TaitEmily J. Tait
Corey BauerCorey Bauer
clock 1:45 pm - 2:00 pm EST

Legal Framework for AI Trade Secret Claims

This segment examines why AI poses unique challenges and opportunities within the traditional trade secret legal framework under UTSA and DTSA. Participants will explore how AI impacts core elements like ‘readily ascertainable’ and ‘reasonable efforts to maintain secrecy’ as technology capabilities rapidly evolve.

Carl KukkonenCarl Kukkonen
Emily J. TaitEmily J. Tait
Corey BauerCorey Bauer
clock 2:00 pm - 2:10 pm EST

Scheduled Break for Attendees

A brief intermission allowing participants to refresh before continuing with advanced litigation strategies. Use this time to review materials and prepare questions for the remaining sessions.

Carl KukkonenCarl Kukkonen
Emily J. TaitEmily J. Tait
Corey BauerCorey Bauer
clock 2:10 pm - 2:40 pm EST

Best Practices and Litigation Strategies for AI Cases

This session covers best practices for identifying and protecting AI-related trade secrets, emphasizing the importance of knowing your crown jewels and implementing proper safeguards. Attendees will examine recent case law including data scraping, prompt hacking, and economic espionage cases, with practical dispute strategies for both plaintiffs and defendants.

Carl KukkonenCarl Kukkonen
Emily J. TaitEmily J. Tait
Corey BauerCorey Bauer
clock 2:40 pm - 3:10 pm EST

Emerging Trends in DTSA Trade Secret Identification

This session analyzes the persistent tension between plaintiffs and defendants regarding when trade secrets should be identified in litigation, and how AI is exacerbating these challenges. Participants will explore the pros and cons of early identification and the compelling case for a nationwide federal standard modeled after the Eastern District of Louisiana’s Local Rule 26.3.

Carl KukkonenCarl Kukkonen
Emily J. TaitEmily J. Tait
Corey BauerCorey Bauer
Carl Kukkonen

Carl Kukkonen

Jones Day

Emily J. Tait

Emily J. Tait

Jones Day

Corey Bauer

Corey Bauer

Houston Harbaugh, P.C.

Carl Kukkonen

Carl Kukkonen

Jones Day

Carl Kukkonen is a partner at Jones Day’s San Diego office and a respected leader in intellectual property law, specializing in developing litigation-ready patent portfolios, risk reduction through invalidity and freedom-to-operate analyses, and litigation strategy including inter partes reviews.

Recognition & Leadership

Acknowledged three times as one of the IAM Strategy 300: World's Leading IP Strategists.

Experience

More than 25 years of experience assisting clients with patent portfolios, conducting due diligence for financing and M&A transactions, supporting IP partnering agreements, and providing guidance on copyright, trade secrets, and brand protection matters, especially regarding artificial intelligence technologies.
Emily J. Tait

Emily J. Tait

Jones Day

Emily Tait is a trusted advisor in complex intellectual property and technology matters with over 20 years of experience, serving as a leader of Jones Day’s global autonomous vehicles, artificial intelligence, and robotics (AVAIR) team.

Education & Credentials

Registered patent attorney with an advanced degree in international IP and certifications in AI and open-source software auditing.

Recognition & Leadership

Named one of Michigan's "Notable Women in the Law."

Professional Involvement

Co-chairs the Michigan Judicial Council's Working Group on Generative Artificial Intelligence (GenAI). Maintains an active pro bono practice and serves as diversity chair and training partner in the Detroit Office.

Experience

More than 20 years developing IP protection, enforcement, and risk management strategies involving trade secrets, data, copyrights, patents, and trademarks. Provides AI-related counseling and risk assessments, conducts IP diligence, and advises on corporate transactions and technology agreements across industries including autonomous systems, software, electric vehicles, life sciences, mobility, fintech, and consumer products. Has handled disputes involving patents, vehicle and system hacking, trade secret and data theft, copyright infringement, cybersecurity breaches, and computer fraud. Authored numerous case dispositive briefs and critical motions favorably resolved by the Federal Circuit.
Corey Bauer

Corey Bauer

Houston Harbaugh, P.C.

Corey Bauer is a Partner at Houston Harbaugh, P.C. who acts as a litigation team lead in bet-the-company litigation, focusing on trade secret, patent, copyright, and trademark litigation.

Experience

Experience managing high-stakes litigation in several federal courts across the country and regularly advises clients on IP-related issues.
Carl Kukkonen

Carl Kukkonen

Jones Day

Carl Kukkonen is a partner at Jones Day’s San Diego office and a respected leader in intellectual property law, specializing in developing litigation-ready patent portfolios, risk reduction through invalidity and freedom-to-operate analyses, and litigation strategy including inter partes reviews.

Recognition & Leadership

Acknowledged three times as one of the IAM Strategy 300: World's Leading IP Strategists.

Experience

More than 25 years of experience assisting clients with patent portfolios, conducting due diligence for financing and M&A transactions, supporting IP partnering agreements, and providing guidance on copyright, trade secrets, and brand protection matters, especially regarding artificial intelligence technologies.
Emily J. Tait

Emily J. Tait

Jones Day

Emily Tait is a trusted advisor in complex intellectual property and technology matters with over 20 years of experience, serving as a leader of Jones Day’s global autonomous vehicles, artificial intelligence, and robotics (AVAIR) team.

Education & Credentials

Registered patent attorney with an advanced degree in international IP and certifications in AI and open-source software auditing.

Recognition & Leadership

Named one of Michigan's "Notable Women in the Law."

Professional Involvement

Co-chairs the Michigan Judicial Council's Working Group on Generative Artificial Intelligence (GenAI). Maintains an active pro bono practice and serves as diversity chair and training partner in the Detroit Office.

Experience

More than 20 years developing IP protection, enforcement, and risk management strategies involving trade secrets, data, copyrights, patents, and trademarks. Provides AI-related counseling and risk assessments, conducts IP diligence, and advises on corporate transactions and technology agreements across industries including autonomous systems, software, electric vehicles, life sciences, mobility, fintech, and consumer products. Has handled disputes involving patents, vehicle and system hacking, trade secret and data theft, copyright infringement, cybersecurity breaches, and computer fraud. Authored numerous case dispositive briefs and critical motions favorably resolved by the Federal Circuit.
Corey Bauer

Corey Bauer

Houston Harbaugh, P.C.

Corey Bauer is a Partner at Houston Harbaugh, P.C. who acts as a litigation team lead in bet-the-company litigation, focusing on trade secret, patent, copyright, and trademark litigation.

Experience

Experience managing high-stakes litigation in several federal courts across the country and regularly advises clients on IP-related issues.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
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Pennsylvania
Approved
Rhode Island
Pending
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No Required
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Approved
Virginia
Not Eligible
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Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs