Trade Secrets

Proprietary business methods and processes, customized software, product specifications, sales information and sensitive marketing data and other confidential business information and methodologies are often among a company's most valuable assets.  Unless these assets are proactively protected as "trade secrets," however, they can be lost forever thus jeopardizing a company's competitive advantage. 

In order to establish trade secret protection, a company must show, among other things, that it has instituted reasonable safeguards to protect such know-how, processes and methodologies.  Our Technology and Intellectual Property attorneys have extensive experience in designing and instituting such safeguards and maximizing our clients' trade secrets through a variety of measures, including by:

  • Identifying all relevant trade secret assets
  • Developing restrictive "need to know" access and use policies
  • Implementing physical safeguards, such as document numbering systems and encryption technologies
  • Deploying check in/check out procedures
  • Designing email and other electronic communication policies
  • Employing employee innovation, invention and other protective agreements
  • Using third-party confidentiality and other restrictive agreements
  • Considering and implementing other legal safeguards, such as patent protection


Additionally, in the event a client is either confronted with the misappropriation of its trade secrets or an allegation that it has misappropriated the trade secrets of another, our Technology and Intellectual Property litigators have an established track record for zealously and successfully representing our clients.

AI Regulation is Moving from Models to Moments

An AI system does not have one legal identity.

A model that summarizes internal meetings may present familiar privacy, security and contract questions. Connect the same model to a hiring score, credit decision, insurance recommendation or patient interaction, and the analysis changes. Put it in a public chatbot used by minors, and a different set of concerns appears. Use it to generate images or audio, and disclosure and provenance rules may matter.

This is the most useful way to read the emerging state AI patchwork: the legal unit of analysis is not the model. It is the moment when the system interacts with a person, influences a decision or produces an output that the law treats differently.

AI in the Deal Room: Why Intellectual Property Diligence Matters More in Acquisitions of AI-Enabled Products

Acquirers are increasingly looking at businesses whose products use AI, depend on AI, or sit close enough to AI that the buyer expects future value from data, automation, software or model-enabled workflows. The target may not be an “AI company” in the headline sense. It may be a medical-device company using machine-learning outputs in a diagnostic workflow, a software platform embedding generative AI in a user interface, a manufacturer using computer vision in quality control, a services business with proprietary datasets and automation, or a consumer brand relying on AI-created marketing assets.