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Webinar: How Employee AI Use Destroys Trade Secret Protection: DTSA Plaintiff and Defense Practice After Trinidad
**Program hosted in (ET) Time Zone**
Every time an employee pastes proprietary information into ChatGPT, that keystroke can extinguish the secrecy a DTSA claim depends on — and courts have started saying so. Trinidad v. OpenAI, Snyder v. Beam Technologies, and United States v. Heppner are converging into a doctrine that treats uncontrolled AI access as a failure of reasonable measures, reframing voluntary disclosure and terms-of-service consent as secrecy-destroying events rather than background facts. Any litigator handling trade secret matters — and any counsel advising employers who deployed consumer-grade AI without use policies — is already exposed, often operating on pleading templates drafted before these decisions existed. This program maps how voluntary AI disclosure defeats trade secret status at the pleading stage and summary judgment, distinguishes consumer from enterprise tiers in the reasonable-measures inquiry, and supplies the discovery targets, motion-practice frameworks, and “improper means” theories both sides need. You will leave able to plead trade secret identity with the specificity courts now demand, attack secrecy through ToS and policy gaps, and litigate either side with current doctrine.
Presented by the FBA’s Professional Development Committee and Intellectual Property Law Section
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Presenters
Benjamin Fink, President & Founding Shareholder, Berman Fink Van Horn P.C
Benjamin I. Fink is president and a founding shareholder of Berman Fink Van Horn P.C. in Atlanta, where his practice centers on business and commercial litigation with a particular emphasis on competition-related disputes, including noncompete and trade secret matters. A nationally recognized authority on restrictive covenants and trade secret law, Benjamin pairs deep substantive knowledge with extensive courtroom experience, having tried cases in state and federal courts across Georgia and more than fifteen other states. Clients and peers alike regard him as a leading voice in his field, reflected in his sustained recognition by the profession’s most respected ranking organizations.
Peter Toren, Intellectual Property Litigator and Advisor, Peter J. Toren
Peter J. Toren is an intellectual property litigator and advisor dedicated to helping individuals and companies protect their IP rights, with a particular focus on trade secrets, computer crime, and economic espionage. A former federal prosecutor who helped build the U.S. Department of Justice’s earliest computer crime program; Peter brings a rare combination of government enforcement experience and private-practice advocacy to high-stakes intellectual property matters. He is widely regarded as a leading authority on the criminal dimensions of IP law and is the author of the foremost treatise in the field.
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- Live Broadcast | FBA Member: $0
- Live Broadcast | Nonmember: $95
- On-Demand Broadcast | FBA Member: $50
- On-Demand Broadcast | Nonmember: $95
CLE
Please note: CLE for this webinar has not been pre-approved.
MyLaw and the FBA will seek 2.0 General CLE credit hours in 60-minute states, and 2.4 General CLE credit hours in 50-minute states.
Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction.