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2026-04-10 14:00:00

2 Credits

Master AI trade secret litigation—identify, protect, and litigate AI assets with confidence. Gain proven strategies for discovery, damages, expert witnesses, and courtroom presentation from top IP litigators.
Master AI trade secret litigation—identify, protect, and litigate AI assets with confidence. Gain proven strategies for discovery, damages, expert witnesses, and courtroom presentation from top IP litigators.

2026-04-10 14:00:00

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn to identify, protect, and litigate AI-related trade secrets using preventive and strategic approaches across governance, discovery, and damages.

What will you gain

Attorneys will gain practical tools to handle AI trade secret cases from discovery through verdict, including expert witness management and trial presentation skills.

Secret identification
Understand what qualifies as a protectable AI trade secret.
Culture protection
Build governance practices and access controls to prevent misappropriation.
Strategic framing
Litigate AI trade secret cases using effective strategic framing techniques.
Criminal reporting
Navigate criminal investigations and report trade secret theft to law enforcement.
Expert witnesses
Manage expert witnesses presenting complex AI technical evidence at trial.
Misappropriation proof
Prove or defend against claims of AI-related misappropriation at trial.

What will you learn

Attorneys will learn to identify, protect, and litigate AI-related trade secrets using preventive and strategic approaches across governance, discovery, and damages.

What will you gain

Attorneys will gain practical tools to handle AI trade secret cases from discovery through verdict, including expert witness management and trial presentation skills.

Agenda

SESSION 1

AI and Trade Secrets: Litigation Strategies and Damage Assessments

SESSION 2

AI and Trade Secrets at Trial: Proving Misappropriation

clock 2:00 pm - 3:00 pm EST

AI and Trade Secrets: Litigation Strategies and Damage Assessments

Robert Counihan

Fenwick & West

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

Explore how to identify and protect AI trade secrets while building stronger litigation positions. Learn governance practices, access controls, criminal reporting procedures, and strategic framing techniques essential for handling today’s high-stakes AI misappropriation disputes.

Robert Counihan

Fenwick & West

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

clock 3:10 pm - 4:10 pm EST

AI and Trade Secrets at Trial: Proving Misappropriation

Robert Counihan

Fenwick & West

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

Develop practical trial skills for AI trade secret cases, from building a compelling case theory to managing expert witnesses. Learn to prove misappropriation, defend against claims, and present complex technical evidence persuasively to judges and juries.

Robert Counihan

Fenwick & West

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Robert Counihan

Fenwick & West

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

Robert Counihan

Fenwick & West

Robert Counihan is a first-chair litigator and co-lead of Fenwick’s Patent Litigation practice, representing life sciences and technology companies in high-stakes IP and trade secret disputes. With advanced degrees in biomedical engineering, he brings rare scientific depth to complex litigation, helping clients resolve “bet-the-company” matters efficiently and in alignment with long-term business goals.

Education & Credentials

Robert earned his J.D. from the University of Michigan Law School, along with both a Master of Science and a Bachelor of Science in Biomedical Engineering from the University of Michigan. He is admitted to practice in New York, before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the Federal Circuit, and is registered to practice before the U.S. Patent and Trademark Office.

Recognition & Leadership

Robert's work has earned consistent recognition across the industry's leading rankings. He was named one of Lawdragon's 500 Leading Litigators in America (2026), honored by IAM Patent 1000 for patent litigation (2022–2025), and recognized as a Patent Star by Managing Intellectual Property (2025). The Legal 500 listed him in Patents: Litigation from 2021 through 2024, and Law360 named him among the Top Five Life Sciences Lawyers Under 40 in 2019.

Professional Involvement

Robert has co-authored publications for IAM and Bloomberg Law on IP enforcement strategy and patent timing. He serves on the Board of Directors for the Maritime Aquarium in Norwalk, CT, and maintains an active pro bono practice representing children in special education matters and negotiating IP licenses for international research foundations.

Experience

Robert handles patent infringement, trade secret misappropriation, and complex commercial disputes for life sciences and technology clients. His trade secret work includes representing Amyndas Pharmaceuticals in ongoing U.S. and Danish actions against Zealand Pharma and AstraZeneca's Alexion, and serving as co-lead counsel for Loxo Oncology (Eli Lilly) in defeating a preliminary injunction and resolving claims after a Tenth Circuit appeal. His broader litigation experience spans Hatch-Waxman matters for Novo Nordisk and a Federal Circuit-affirmed trial verdict for UCB.

Robert Counihan

Fenwick & West

Robert Counihan is a first-chair litigator and co-lead of Fenwick’s Patent Litigation practice, representing life sciences and technology companies in high-stakes IP and trade secret disputes. With advanced degrees in biomedical engineering, he brings rare scientific depth to complex litigation, helping clients resolve “bet-the-company” matters efficiently and in alignment with long-term business goals.

Education & Credentials

Robert earned his J.D. from the University of Michigan Law School, along with both a Master of Science and a Bachelor of Science in Biomedical Engineering from the University of Michigan. He is admitted to practice in New York, before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the Federal Circuit, and is registered to practice before the U.S. Patent and Trademark Office.

Recognition & Leadership

Robert's work has earned consistent recognition across the industry's leading rankings. He was named one of Lawdragon's 500 Leading Litigators in America (2026), honored by IAM Patent 1000 for patent litigation (2022–2025), and recognized as a Patent Star by Managing Intellectual Property (2025). The Legal 500 listed him in Patents: Litigation from 2021 through 2024, and Law360 named him among the Top Five Life Sciences Lawyers Under 40 in 2019.

Professional Involvement

Robert has co-authored publications for IAM and Bloomberg Law on IP enforcement strategy and patent timing. He serves on the Board of Directors for the Maritime Aquarium in Norwalk, CT, and maintains an active pro bono practice representing children in special education matters and negotiating IP licenses for international research foundations.

Experience

Robert handles patent infringement, trade secret misappropriation, and complex commercial disputes for life sciences and technology clients. His trade secret work includes representing Amyndas Pharmaceuticals in ongoing U.S. and Danish actions against Zealand Pharma and AstraZeneca's Alexion, and serving as co-lead counsel for Loxo Oncology (Eli Lilly) in defeating a preliminary injunction and resolving claims after a Tenth Circuit appeal. His broader litigation experience spans Hatch-Waxman matters for Novo Nordisk and a Federal Circuit-affirmed trial verdict for UCB.

Matthew Damm

Fenwick & West

Matthew Damm is a seasoned employment litigator, counselor, and strategist who helps startups, emerging growth companies, and established businesses navigate their most complex labor and employment challenges. Known for translating legal complexity into practical business guidance, Matthew serves as a trusted advisor to founders and executives who need clear, actionable counsel at the intersection of rapid growth and workforce risk.

Education & Credentials

Matthew earned his J.D. from Rutgers Law School and a B.A., cum laude, in English and Secondary Education. He is admitted to practice in both New Jersey and New York. Prior to joining Fenwick, he honed his experience at industry-leading international law firms, building a deep command of the employment issues facing both emerging and established businesses.

Recognition & Leadership

Matthew has earned a reputation as a thought leader in employment law, particularly on issues affecting AI and technology companies. He co-authored Fenwick's widely cited alert on the FTC's non-compete rulemaking and its subsequent updates following the April 2024 final rule, and regularly briefs boards and HR leaders on compliance timelines intersecting with AI staffing and vendor transitions.

Professional Involvement

Matthew is an active speaker and educator in the employment law space. His recent programming includes CLE presentations and webinars on navigating non-competes and best practices when hiring from competitors — covering trade secret onboarding protocols, forensic preservation, and emergency relief strategy. He continues to be a go-to voice for companies managing the legal risks that accompany rapid hiring and workforce transitions in the AI sector.

Experience

Matthew counsels and represents public and private companies across life sciences, cryptocurrency, and technology on all aspects of employment law, including structuring executive agreements, drafting and enforcing restrictive covenants, advising on worker classification, and litigating high-profile workplace disputes. His trade secret practice focuses on talent mobility and confidentiality risk — drafting and enforcing confidentiality, invention-assignment, and non-solicitation agreements, and litigating misappropriation and non-compete disputes for AI and high-growth tech clients. Representative clients include Amazon, Cohere, Dragos, and Invisible Technologies.

Noah Solowiejczyk

Fenwick & West

Noah Solowiejczyk draws on more than a decade as a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York to provide clear, actionable guidance in high-stakes, high-scrutiny cases. At Fenwick, he advises AI, fintech, blockchain, and deeptech companies on internal investigations, enforcement defense, and strategic compliance — working proactively with clients to anticipate issues in sensitive areas such as export controls, trade secrets, and national security before they escalate into crises.

Education & Credentials

Noah earned his J.D. from Columbia University Law School and a B.A., magna cum laude, in History from the University of Pennsylvania. He is admitted to practice in New York and registered before the U.S. Court of Appeals for the Second Circuit and the U.S. District Courts for the Southern and Eastern Districts of New York. Prior to joining SDNY, he clerked for the Honorable Paul G. Gardephe of the U.S. District Court for the Southern District of New York.

Recognition & Leadership

Noah most recently served as co-chief of SDNY's Illicit Finance & Money Laundering Unit, where he oversaw major investigations under the Bank Secrecy Act, money laundering statutes, sanctions, and export control laws, and supervised corporate resolutions resulting in nearly $1 billion in financial penalties. Earlier in his SDNY tenure, he led the prosecution of the first-ever cryptocurrency insider trading case and the prosecution of a prominent hedge fund manager for manipulation of the foreign exchange market.

Professional Involvement

Noah is a sought-after speaker on emerging technology enforcement and compliance. Recent engagements include panels at the American Bar Association's National Institute on White Collar Crime, the Practicing Law Institute, the Association of Corporate Counsel, and the New York City Bar Association's Emerging Technologies Symposium. In 2025, he served as a panelist at the Corporate Counsel Business Journal on government investigations in autonomous systems, national security, and privacy.

Experience

Noah's practice spans white collar defense, trade secret litigation, complex civil litigation, securities enforcement, and regulatory matters for clients across AI and machine learning, semiconductors, fintech, and life sciences. He advises on crisis management and compliance architectures designed to anticipate DOJ, SEC, and OFAC scrutiny, and regularly handles matters where trade secret, export control, and data-abuse theories converge. His government experience coordinating with the SEC, CFTC, Federal Reserve, OCC, FinCEN, and OFAC gives him a unique vantage point when AI-driven data pipelines or model-training assets are at issue in cross-border disputes.

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

Ben Herbert is a seasoned trial lawyer whose practice centers on patent infringement and trade secret misappropriation litigation, with a particular focus on companies in the technology, AI, hardware, and software sectors. Known for his ability to handle complex, high-stakes IP disputes from strategy through verdict, Ben brings deep courtroom experience and a practical understanding of how trade secret and patent law apply in rapidly evolving technology arenas.

Education & Credentials

Ben earned his J.D., summa cum laude, from Arizona State University's Sandra Day O'Connor College of Law in 2010, and a B.A. in Molecular Cellular Developmental Biology from the University of Colorado in 2004. He is admitted to practice in California and has significant experience before the U.S. Court of Appeals for the Federal Circuit and the U.S. Patent and Trademark Office, including inter partes review proceedings.

Recognition & Leadership

Ben has been recognized by IAM Strategy 300 as one of the world's leading IP strategists (2025) and by WIPR USA Trade Secrets Rankings as a notable practitioner (2024–2025). He was also named to Best Lawyers® Ones to Watch in Patent Law and Litigation–Patent (2024). As a key member of three trial teams, he helped secure more than $1.5 billion in jury verdicts over a span of two years, including a $750 million verdict in a digital radio trade secret case and an $850 million verdict in a health insurance software misappropriation matter.

Professional Involvement

Ben is an active member of the American Intellectual Property Law Association (AIPLA), the Los Angeles Intellectual Property Law Association (LAIPLA), and the Sedona Conference Working Group 12 on Trade Secrets. He is a prolific speaker and author, with recent engagements at IPWatchdog, USC Gould School of Law, and LAIPLA, and published thought leadership on AI IP protection, trade secret litigation funding, and the rise of trade secrets as primary protection for technological innovation.

Experience

Ben litigates complex patent and trade secret matters across a wide range of technologies, including digital radios, medical devices, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite systems. His representative matters include leading multi-district patent campaigns for Hyper Ice, securing a $30 million verdict for a predictive customer service technology provider, and representing clients in trade secret misappropriation actions involving former employees and low-carbon energy technology. He also counsels clients on IP best practices, internal protection procedures, and licensing strategy.

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of Bias, etc.)
Instant Certificates After Completion
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Why Attend

Why this 
program matters

As AI assets become primary targets of misappropriation, civil litigators who cannot identify, protect, and prove trade secret claims risk failing clients in disputes that now routinely exceed nine figures.
84%
of federal trade secret cases that reached verdict since 2017 were decided in favor of the claimant, signaling that well-prepared plaintiffs hold a decisive advantage at trial.
80%
jump in federal court cases referencing “artificial intelligence” in the first half of 2025 compared to the same period in 2024 — from 20 to 36 cases — reflecting the rapidly growing intersection of AI and trade secret disputes.
$485M+
was awarded in trade secret damages in the first half of 2025 alone, with individual verdicts exceeding $223 million, underscoring the scale of financial exposure now routinely at stake.
15%
increase in federal trade secret case filings in the first half of 2025 compared to the same period in 2024, demonstrating that this area of civil litigation is expanding rapidly and shows no sign of slowing.

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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.  

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