Firm Events
Her Insights: An Afternoon of CLEs on AI, Cyber, and Employment Law
March 12, April 16, June 24, and November 5
Chicago lawyer Jorden Rutledge, a member of Locke Lord’s Business Litigation and Dispute Resolution Practice Group, was quoted discussing the nuances of protecting trade secrets as the use of generative AI increases. Following a Texas federal judge’s order suspending enforcement of the noncompete ban, companies leveraging AI have turned to trade secret law to protect their proprietary AI systems. Rutledge explains that during this time, tailored employment agreements that explicitly define trade secrets, particularly as companies navigate AI tools and the security implications of remote and hybrid work, are more important than ever. “With the rise of generative AI, the scope of what constitutes a ‘trade secret’ is likely expanding,” he adds.
While some seek to lean on trade secret law, others hope patents or copyright protections may inhibit the sharing of proprietary information. Still, that strategy has its own hurdles as Rutledge notes: “Moreover, trade secrets law doesn’t require ‘human authorship’ like patents or for the information to be ‘novel’ or have a ‘creative spark’ like copyright.”
He goes on to explain that although trade secret protections may present a temporary remedy to AI’s patentability problem, he anticipates it will face its own challenges. “We can expect companies who are claiming trade secret protections to have their opponents argue ‘no, this can’t be a trade secret, it is from AI.’” That could result in “a protracted battle and discovery concerning how a company utilizes AI in their workflow, and how they used it in this specific instance,” Rutledge further notes.
Read the full Bloomberg Law article (subscription may be required).
Insight Industries + Practices
This just in
Speaking Engagements
Artificial Intelligence in Defense Practice: Tools, Prompts, Workflows, Implementation, and Governance Seminar
March 9 – 10, 2026
DRI Headquarters
222 South Riverside Plaza, Suite 1870, Chicago, IL 60606
Sponsored Events
HIMSS Global Health Conference & Exhibition – Emerge Innovation Experience 2026
March 9 – 12, 2026
Venetian Convention & Expo Center
201 Sands Ave, Las Vegas, NV 89169
Sponsored Events
OrthoPitch 2026
March 3, 2026 | 5:00 PM – 12:00 AM CT
Great Hall B | New Orleans Ernest N. Morial Convention Center
900 Convention Center Blvd., New Orleans, LA 70130