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Transforming AI Technology into Legally Defensible Trade Secrets—And Winning When Those Secrets Are Stolen

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

Program Details

2026-04-10 14:00:00

Program Details

2026-04-10 14:00:00

Over 1,000+ webinars

2026-04-10 14:00:00

Course Overview

Protecting and Litigating AI Trade Secrets

2026-04-10 14:00:00

Attorneys will learn to identify, protect, and litigate AI-related trade secrets using proven strategies. Apply practical skills across governance, discovery, damages, and trial to strengthen client outcomes.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Secret identification
Understand what qualifies as a protectable AI trade secret.
02
Culture protection
Build governance practices and access controls to prevent misappropriation.
03
Strategic framing
Litigate AI trade secret cases using effective strategic framing techniques.
04
Criminal reporting
Navigate criminal investigations and report trade secret theft to law enforcement.
05
Expert witnesses
Manage expert witnesses presenting complex AI technical evidence at trial.
06
Misappropriation proof
Prove or defend against claims of AI-related misappropriation at trial.

Program schedule

clock 2:00 pm - 3:00 pm EST

AI and Trade Secrets: Litigation Strategies and Damage Assessments

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 CounihanRobert Counihan
Matthew DammMatthew Damm
Noah SolowiejczykNoah Solowiejczyk
Ben HerbertBen Herbert
clock 3:10 pm - 4:10 pm EST

AI and Trade Secrets at Trial: Proving Misappropriation

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 CounihanRobert Counihan
Matthew DammMatthew Damm
Noah SolowiejczykNoah Solowiejczyk
Ben HerbertBen Herbert
Robert Counihan

Robert Counihan

Fenwick & West

Matthew Damm

Matthew Damm

Fenwick & West

Noah Solowiejczyk

Noah Solowiejczyk

Fenwick & West

Ben Herbert

Ben Herbert

Procopio, Cory, Hargreaves & Savitch

Robert Counihan

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

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

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

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.
Robert Counihan

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

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

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

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.5
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
OK2.0
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

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Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

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10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Approved
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
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

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