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On Tuesday, October 13, 2026, I’ll be speaking at the Practicing Law Institute’s conference, “Advanced Trade Secrets 2026: New Challenges, Solution, Technologies, and Imperative” in San Franciso on a panel, “If AI Can Figure It Out, Is It Still a Trade Secret?” at 11:30 a.m. I’ll be speaking with Seth M. Gerber of Morgan, Lewis & Bockius LLP and Eric Ostroff of Meland Budwick, P.A. Here’s a description of what we will cover:

“Generative AI is no longer a novelty used by a few early adopters or confined to a handful of readily identifiable platforms. Surveys suggest that most businesses and a rapidly growing percentage of adults are now regularly using some form of Generative AI, sometimes without even being aware of the fact or of potential legal consequences. Generative AI is now being used in word processing, file storage, and videoconferencing. Information, some of which its users view as confidential, is being routinely scraped, scanned, analyzed, and used by third parties to train their models. A variety of “prompts,” some highly sophisticated and others more routine, and new techniques such as “injection attacks” and AI “memorization” can expose portions of this information to outsiders. “Agentic” AI can now automate workflows with minimal human supervision; once set in motion such tools can pose both new challenges and new opportunities. “Vibe coding” can save time but also increase risks of misappropriation. After completing this session, participants will be able to:

  • Identify risks and opportunities various AI tools can present to trade secrets
  • Consider what kinds of information different kinds of AI tools may make “readily ascertainable”
  • Assess ways (and limitations on ways) users and developers of AI platforms can protect their own trade secrets
  • Learn ways to use AI tools to prove and disprove trade secret claims and present trade secret cases
  • Discover the impact of Agentic AI on trade secret protection strategies”

You can register for the conference here.  The conference starts at 9:00 a.m. and I hope you can join us.