Trade Secrets Protection: Mitigating AI Risk, Pursuing Misappropriations, Structuring Agreements

Description

Trade secrets can be put at risk because companies may need to share trade secrets with employees, business partners, manufacturers, and others to realize the full economic value of the trade secrets. The use of AI applications by employees also poses a threat to a company's trade secrets. In addition, remote work may increase the risk for disclosure or theft of trade secrets.

To maintain their trade secrets, companies often rely on agreements to contractually prohibit employees and third parties from disclosing their information. In transactions involving trade secrets, it is critical that the contract protects the trade secrets involved. By understanding the essential elements--and the common pitfalls--in trade secret agreements, counsel for trade secret owners can prepare to effectively structure and negotiate contracts in their clients' best interests.

Further, to avoid the consequences of any disclosure arising from the use of an AI system, it is important companies ensure that they take steps to protect their trade secrets. Company policies, employee agreements, non-disclosure agreements, and trade secret agreements provide protection from employee misuse or disclosure, and from third-party disclosure.

Listen as our authoritative panel of IP attorneys provides trade secret owners and counsel guidance on identifying and protecting trade secrets. The panel will also discuss key provisions in agreements involving trade secrets. In addition, the panel will address misappropriation challenges, enforcement, and remedies for misappropriation. Furthermore, the panel will discuss recent cases, pitfalls, and best practices.