AI-Generated Trade Secret Litigation

Carl Kukkonen | Jones Day

Carl Kukkonen, a partner in the San Diego office of Jones Day, is a respected leader in the legal field who has been acknowledged three times as one of the IAM Strategy 300: World’s Leading IP Strategists. With more than 25 years of experience, Carl has been pivotal in assisting clients in developing strong, litigation-ready patent portfolios, effectively reduce risks through invalidity and freedom-to-operate analyses, and adeptly plan and execute litigation strategies, including petitions for inter partes reviews (IPRs).

Moreover, Carl conducts due diligence for financing and M&A transactions, offers valuable support in IP partnering agreements, and provides guidance on copyright, trade secrets, and brand protection matters especially with regard to artificial intelligence (AI) technologies.

Emily J. Tait | Jones Day

For more than 20 years, Emily Tait has been a trusted advisor in complex intellectual property and technology matters, earning a reputation as one of Michigan’s “Notable Women in the Law.” A leader of Jones Day’s global autonomous vehicles, artificial intelligence, and robotics (AVAIR) team, Emily is sought out for her experience and thought leadership on legal and ethical issues posed by AI. She currently co-chairs the Michigan Judicial Council’s Working Group on Generative Artificial Intelligence (GenAI).

Emily develops IP protection, enforcement, and risk management strategies involving trade secrets, data, copyrights, patents, and trademarks. She frequently provides AI-related counseling and risk assessments and advises clients on IP issues arising in the context of GenAI. She also conducts IP diligence and advises on IP aspects of corporate transactions and technology agreements. Her matters span diverse industries and technologies, including autonomous and automated systems, software, electric vehicles, life sciences and health care, mobility, fintech, and consumer products.

Emily has handled disputes involving patents, vehicle and system hacking, trade secret and data theft, copyright infringement (including copyrighted software and data compilations), cybersecurity breaches, and computer fraud. She has authored numerous case dispositive briefs and critical motions at the trial court level and in appeals that were favorably resolved by the Federal Circuit.

Emily is a registered patent attorney, has an advanced degree in international IP, and has obtained certifications in AI and open-source software auditing. Emily maintains an active pro bono practice and also serves as the diversity chair and training partner in the Detroit Office.

Corey Bauer | Houston Harbaugh, P.C.

Corey Bauer is a Partner at the law firm of Houston Harbaugh, P.C., a regional firm in Pittsburgh, PA. He acts as a litigation team lead in bet-the-company litigation, focusing on trade secret, patent, copyright, and trademark litigation.

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

Session I – Understanding AI-Generated Trade Secrets and Potential Risks | 1:00pm – 1:45pm

• Understanding AI-related trade secrets
• Mitigating AI system risks and vulnerabilities
• Contractual safeguards for AI assets

Session II – Legal Strategies for AI Trade Secret Litigation | 1:45pm – 2:40pm

• Legal framework for trade secret claims: Why AI poses unique challenges and opportunities

Break | 2:00pm – 2:10pm

• Best practices for identifying and protecting AI-related trade secrets
• Litigating AI trade secret cases: Dispute strategies for plaintiffs and defendants

Session III – Emerging Trends in Trade Secret Identification in DTSA Litigation | 2:40pm – 3:10pm

• Recent case law and district court rules on trade secret identification
• The pros and cons of early trade secret identification, particularly in the age of AI
• The need for a nation-wide federal standard for trade secret identification