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Practices To Protect Trade Secrets Amid Unstable Case Law

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Fitz Collings wrote an article entitled "AI Practices to Protect Trade Secrets Amid Unstable Case Law" for Law360 that discusses...

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Fitz Collings wrote an article entitled "AI Practices to Protect Trade Secrets Amid Unstable Case Law" for Law360 that discusses the evolving legal risks associated with entering proprietary information into generative AI tools. Fitz examines recent court decisions addressing confidentiality in the contexts of protective orders, attorney-client privilege and work-product protection, noting that courts have reached differing conclusions regarding whether AI inputs remain confidential. He warns that disclosure of trade secrets to public AI platforms could undermine the “reasonable measures” required for trade secret protection under federal and state law. The article recommends implementing policies, contractual safeguards, and litigation protections to mitigate these risks.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt967abf107781d859/6a1f19fa38ecc5f77ae3e9a1/260601-practices-to-protect-trade-secrets-amid-unstable-case-law.pdf" target="_blank">full article</a>.

Practices To Protect Trade Secrets Amid Unstable Case Law

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Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent Trial and Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients.<h4>Representative Experience</h4><div><ul><li>A major technology company in a complex intellectual property case involving trade secret, copyright, patent, and antitrust claims.</li><li>A global pharmaceutical company in worldwide patent litigation and PTAB proceedings involving a first-in-class antibody immunotherapy product.</li><li>A global pharmaceutical company in district court patent litigation under the Biologics Price Competition and Innovation Act and PTAB proceedings involving a prominent biologic product.</li><li>A global pharmaceutical company in numerous district court litigations under the Hatch-Waxman Act involving a small-molecule product.</li><li>Global pharmaceutical companies in district court litigation involving a blockbuster small-molecule product.</li><li>A global pharmaceutical company in litigation to invalidate an antibody patent under license, securing a highly favorable settlement.</li><li>A biotechnology company in district court litigation and PTAB proceedings regarding microfluidic devices.</li><li>A chemical manufacturer in a trade secret dispute before the International Trade Commission.</li><li>A global pharmaceutical company in a trademark infringement and counterfeiting dispute.</li></ul></div><div style="position: absolute;left: -10000px;top: 0px;width: 1px;height: 1px;overflow-x: hidden;overflow-y: hidden;" id="_mcePaste">Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent and Trademark Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients. </div>