When it comes to keeping up with the latest developments at the intersection of AI and trade secret law, I’m fortunate to have the best possible resource close at hand: my partner, Sarah Tishler.
To help you get up to speed, I’ve collected Sarah’s blog posts, articles, media commentary, and programs in one convenient place — here.
Enjoy the reading! (Note that they are in reverse chronological order.)
- File first, pay later: xAI’s dismissal, Apple’s new complaint, and the potential cost of getting it wrong (July 20, 2026). Sarah compares the allegations against OpenAI in xAI’s and Apple’s lawsuits and examines the potential cost of unsupported trade secret claims.
- American A.I. Companies Say Chinese Copycats Are Quickly Catching Up (July 6, 2026). Quoted in The New York Times, Sarah discusses the uncertain legality of unauthorized AI distillation and obstacles to enforcement abroad.
- The Impact of AI on Trade Secrets: What Every Lawyer and Client Needs to Know (May 14, 2026). At AIPLA’s Spring Meeting, Sarah joined a panel examining AI-related confidentiality risks and practical protections for proprietary information.
- Understanding AI Distillation in the Trade Secret Context (May 12, 2026). Sarah examines the boundary between lawful reverse engineering and misappropriation when competitors train models using another AI system’s outputs.
- AI and Trade Secrets (April 24, 2026). Sarah joined John Marsh and Dean Pelletier for an AIPLA Trade Secret Summit panel on AI and trade secret law.
- Verbatim Recall in LLMs: A New Study Raises Important Questions for Trade Secret Protection (April 13, 2026). Sarah explores research on retrieving memorized training material from AI models and the implications for confidential business information.
- Who owns an AI-generated trade secret? (March 29, 2026). Sarah examines ownership of AI-generated information and the contracts, policies, and safeguards needed to preserve secrecy.
- AI Will Force Trade Secret Calculus Shift, Escalate Tactics (March 16, 2026). Quoted in Bloomberg Law, Sarah discusses how AI changes what businesses can protect and the precautions they must take.
- The Black Box Problem in AI Trade Secret Litigation: How Do You Prove Use? (March 10, 2026). Sarah considers how circumstantial evidence can help establish that stolen information influenced an opaque AI system.
- Musk has no proof OpenAI stole xAI trade secrets, judge rules, tossing lawsuit (February 25, 2026). Quoted in Ars Technica, Sarah explains why recruiting a competitor’s employees does not itself establish trade secret theft.
- xAI v. OpenAI: Motion to Dismiss Granted (But the Story Might Not Be Over) (February 25, 2026). Sarah analyzes the dismissal of xAI’s amended complaint and the missing allegations connecting OpenAI to the alleged misappropriation.
- The Impact of AI on Trade Secrets: What Every Lawyer and Client Needs to Know (January 28, 2026). In an Ohio State Bar Association webcast, Sarah joined Jim Ko and Dean Pelletier to discuss AI-assisted reverse engineering and business safeguards.
- xAI Files Amended Complaint Against OpenAI: New Allegations and a Sharpened DTSA Strategy (November 5, 2025). Sarah reviews xAI’s expanded allegations identifying its secrets, protective measures, and OpenAI’s alleged involvement.
- OpenAI Fires Back: The Latest in xAI’s Trade Secret Lawsuit (October 16, 2025). Sarah examines OpenAI’s defenses and its strategy for seeking attorneys’ fees based on alleged bad faith.
- xAI v. Li Trade Secret Litigation Heats Up: Criminal Exposure and Fifth Amendment Battles (October 6, 2025). Sarah explores the Fifth Amendment dilemmas created by parallel civil litigation and a criminal trade secret investigation as highlighted through xAI v. Li.
- xAI Sues OpenAI: Expanding the Trade Secret Battle in the AI Race (September 26, 2025). Sarah examines xAI’s allegations against OpenAI and the requirements for identifying and protecting the asserted secrets.
- Trade Secrets and AI Litigation: Doximity’s Motion to Dismiss in the OpenEvidence Case (September 19, 2025). Sarah examines whether chatbot features qualify as trade secrets and whether attempted extraction supports a misappropriation claim.
- Employee Departures and Trade Secret Risk in the AI Era (September 3, 2025). Drawing on xAI’s lawsuit against a former engineer, Sarah explains the limits of exit certifications and the importance of technical safeguards.
- Evolving Trade Secret Concepts in the AI Era (August 23, 2025). Sarah considers how AI changes whether information is readily ascertainable and what constitutes reasonable secrecy measures.
- ChatGPT 5 and the Next Frontier in Trade Secret Law: Lessons from Ongoing AI Litigation (August 12, 2025). Sarah uses OpenEvidence’s lawsuits to explore prompt extraction, confidential-data leakage, and practical business protections.
We are at the inception of how AI is and will continue to reshape how companies create, protect, and enforce trade secrets. Follow Sarah Tishler for an up-to-the-minute analysis of the latest developments and how trade secret law is changing.