Fierce competition for artificial intelligence engineers and the relative paucity of intellectual property protections for AI technologies have companies turning to trade secret litigation as a powerful tool they can wield against competitors and former employees, attorneys say.
Law360
Employment
WEDNESDAY, OCTOBER 14, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

In AI Race, Trade Secret Suits Become Popular Safeguard

By Theresa Schliep

Fierce competition for artificial intelligence engineers and the relative paucity of intellectual property protections for AI technologies have companies turning to trade secret litigation as a powerful tool they can wield against competitors and former employees, attorneys say.

Read full article » | Save to favorites »

Ex-OpenAI Engineer Charged With Bugging Conference Room

By Dorothy Atkins

Federal prosecutors have arrested and charged a former OpenAI product team engineer in California federal court on allegations he hid a secret recording device inside toilet paper behind a TV in an executive conference room in order to capture confidential communications about the ChatGPT-maker's artificial intelligence technology.

Read full article » | Save to favorites »

2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

By Benjamin Morse

Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

Opinion attached | Read full article » | Save to favorites »

UAW's Fain Wins Reelection, Unofficial Results Show

By Braden Campbell

Shawn Fain appears to have won another term as president of the United Auto Workers and his allies won every executive board seat they sought, according to unofficial results the UAW reported Tuesday following a testy officer election.

Report attached | Read full article » | Save to favorites »

Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

By David Aaro

The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

Opinion attached | Read full article » | Save to favorites »

FCC Using 'Excuses' To Threaten Licenses, ABC Says

By Christopher Cole

ABC told a D.C. federal court the Federal Communications Commission has effectively admitted that a probe of its parent Disney's hiring practices could not justify threatening eight of the network's TV stations' licenses with an early renewal proceeding.

2 documents attached | Read full article » | Save to favorites »

Ex-Nexstar News Directors Win $4M In Pride Month Suit

By Cara Salvatore

A jury in western Michigan has ruled that Nexstar Media owes two of its former TV station news directors a total of around $4 million over their claims that their employer insinuated they were anti-gay after they sent a memo warning reporters to be balanced about Pride Month coverage.

2 documents attached | Read full article » | Save to favorites »

DISCRIMINATION

Mich. High Court Forces Judge To Retire Over Misconduct

By Melanie Dorsey

The Michigan Supreme Court has ordered a former Jackson County judge to retire and barred him from holding judicial office again after finding he abused alcohol, sexually harassed female colleagues, interfered in court proceedings and deliberately concealed delays in issuing rulings.

Order attached | Read full article » | Save to favorites »

Harvard Fired Jewish Worker Out Of Religious Bias, Suit Says

By Grace Elletson

Harvard College fired a Jewish worker after he took time off to observe Rosh Hashanah, according to a new religious bias suit the former employee filed in New York federal court.

Complaint attached | Read full article » | Save to favorites »

High Court Won't Take Up Texas A&M Prof's FMLA Appeal

By Patrick Hoff

The U.S. Supreme Court refused Tuesday to review a Texas A&M University professor's lawsuit alleging she was denied tenure because of pregnancy-related time off, leaving in place a state court's conclusion that the college had immunity from her Family and Medical Leave Act claims.

Order List attached | Read full article » | Save to favorites »

Ex-AmTrust Atty Says Insurer Targeted Older Employees

By George Woolston

A former staff attorney for AmTrust Financial Services Inc. is suing his former employer in New Jersey state court, alleging that his firing was the result of a deliberate, yearslong campaign to purge the litigation department of older attorneys.

Complaint attached | Read full article » | Save to favorites »

WAGE & HOUR

Supreme Court Won't Weigh Employer-Knowledge OT Defense

By Max Kutner

The U.S. Supreme Court declined on Tuesday to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against Texas Farm Bureau.

Order List attached | Read full article » | Save to favorites »

Mass. Panel Backs State Police Leader's July 4 Staffing Memo

By Carolyn Muyskens

The head of the Massachusetts State Police has the power to prohibit officers from taking time off around the Independence Day holiday, the state's intermediate-level appeals court said Tuesday, affirming that the matter is not subject to collective bargaining.

Opinion attached | Read full article » | Save to favorites »

Insurance Co. Can't Undo Wage Collective Ruling

By Benjamin Morse

A New Jersey federal judge upheld a decision allowing sales agents to pursue wage claims as a collective against an insurance company, rejecting the insurer's arguments that the workers weren't similarly situated and that their overtime claims were improperly certified.

Order attached | Read full article » | Save to favorites »

Rivian Failed To Pay Workers For Required Training, Suit Says

By Ben Adlin

A former Rivian LLC service technician brought a proposed class action against the automaker in Washington state court, claiming the company pressured workers to forgo their legally protected meal and rest periods, and failed to pay them for mandatory training sessions completed at home and off the clock.

Complaint attached | Read full article » | Save to favorites »

Denver Health Hit With Wage Suit Over Off-The-Clock Work

By Emily Brill

Employees at a Denver medical network's call center aren't paid for all the time they work, a lawsuit filed in Colorado federal court Tuesday alleges, claiming the workers aren't fully compensated for the time they spend booting up their computers and logging in to nearly a dozen software programs.

Complaint attached | Read full article » | Save to favorites »

LABOR

High Court Won't Hear Ex-United Worker's Suit Against IAM

By Spencer Brewer

The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

Read full article » | Save to favorites »

2nd Circ. Seems Doubtful Of RTX Corp. Investors' Appeal

By Kellie Mejdrich

A Second Circuit panel Tuesday seemed leery of RTX Corp. investors' bid to revive allegations that the aerospace manufacturer violated securities laws by concealing an aircraft engine defect, with several judges pointing out how the complaint seemed to lack allegations that executives knew different disclosures were necessary.

Read full article » | Save to favorites »

Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

By Emily Brill

Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

Brief attached | Read full article » | Save to favorites »

NLRB Says Amazon's Union Vote Challenges Fall Short

By Braden Campbell

The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

Brief attached | Read full article » | Save to favorites »

CarePoint Owes 401(k) Payments Post-Ch. 11, Union Says

By Clara Geoghegan

A healthcare workers union has accused CarePoint Health and operators that took over two of its New Jersey hospitals of failing to make 2024 retirement fund contributions under a settlement in the defunct nonprofit's Delaware bankruptcy case.

Motion attached | Read full article » | Save to favorites »

NONCOMPETES

Brief

X, Musk Reach Fresh Deal In Twitter Severance Class Action

By Dorothy Atkins

Elon Musk, X Corp. and its affiliate holding companies have reached a new deal to resolve a proposed class action by former Twitter Inc. workers over severance benefits related to Musk's take-private acquisition of the social media giant.

Report attached | Read full article » | Save to favorites »

TRADE SECRETS

Apple Gets Expedited OpenAI Discovery In Trade Secret Case

By Theresa Schliep

A California federal judge said Tuesday that OpenAI must work on an expedited timeline to furnish some documents in Apple's suit accusing the company of using former employees to access secret information, calling Apple's concerns about the preservation of some evidence "well-taken."

Order attached | Read full article » | Save to favorites »

Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

By Hayley Fowler

A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

Read full article » | Save to favorites »

WORKER PRIVACY

Earthbound Asks Court To Toss Worker Data Breach Suit

By Spencer Brewer

Earthbound Holding LLC asked a Texas federal judge to toss a proposed class action accusing the retailer of allowing cybercriminals to get their hands on sensitive employee data, saying workers failed to allege that they suffered an injury in the attack.

Brief attached | Read full article » | Save to favorites »

WRONGFUL TERMINATION

Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

By MJ Koo

The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

Motion attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

NY Severance Rules Persist Despite McLaren Macomb Threat

Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

Read full article » | Save to favorites »

Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks

Spirit Airlines' planned sale of deidentified business data to Google for artificial intelligence training exposes gaps in the Bankruptcy Code's privacy guardrails, particularly for employee information, say attorneys at Patterson Belknap.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Sidley Taps Kirkland Atty As Private Equity Funds Co-Leader

By Tracey Read

A Kirkland & Ellis LLP investment funds partner has moved to Sidley Austin LLP to become a co-leader of its private equity funds group.

Read full article » | Save to favorites »

Fox Rothschild Beats Daycare's Malicious Prosecution Suit

By George Woolston

A New Jersey state court dismissed an adult daycare company's suit against Fox Rothschild LLP and one of its attorneys related to their prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm, according to a court order.

Order attached | Read full article » | Save to favorites »

Barnes & Thornburg Adds Another Ex-Ballard Spahr Atty

By James Boyle

Barnes & Thornburg LLP has grown its public finance team with the addition of a former Ballard Spahr LLP attorney who specializes in real estate financing, bringing its total lateral hires from Ballard Spahr to 40 since February.

Read full article » | Save to favorites »

Ga. Atty Disbarred After Guilty Plea In Police Report Scheme

By Emily Johnson

The Georgia Supreme Court Wednesday disbarred a personal injury lawyer who pled guilty for his part in a scheme using stolen accident reports to find clients and financially benefit from settlement money.

Opinion attached | Read full article » | Save to favorites »

Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

By Madison Arnold

A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

Motion attached | Read full article » | Save to favorites »

Ex-BigLaw Atty Wants Firm Docs For Insider Trading Defense

By Carolyn Muyskens

A former BigLaw associate accused of insider trading is seeking records from ex-employers Sidley Austin LLP, Latham & Watkins LLP and Goodwin Procter LLP to help fight charges that he tipped others about nonpublic deals the firms were working on.

Motion attached | Read full article » | Save to favorites »

Haynes Boone Adds Ex-Loeb & Loeb Real Estate Atty In NY

By Nate Beck

Haynes Boone announced it has hired a transactional attorney from Loeb & Loeb LLP as a partner in its New York office to bolster its real estate practice.

Read full article » | Save to favorites »

Quinn Emanuel Seeks Arbitration Of $1.7M Fee Dispute

By Caroline Simson

Quinn Emanuel Urquhart & Sullivan LLP is urging a California federal court to order an entrepreneur to arbitrate malpractice claims stemming from the firm's representation of her in a sexual harassment claim against a technology investor as it seeks to collect more than $1.7 million in unpaid fees.

Brief attached | Read full article » | Save to favorites »

Dark blue promo that reads 2026 Regional Powerhouses dark blue promo that reads 2026 Rising Stars

LAW FIRMS IN TODAY'S NEWS

Avyno Law

Baker Botts

Baker McKenzie

Ballard Spahr

Barnes & Thornburg

Bredhoff & Kaiser

Brownstein Hyatt

Bush Gottlieb

Carlton Fields

Clement & Murphy

Consumer Law Group

Cozen O'Connor

Day Pitney

Desmarais LLP

Dilworth Paxson

Dynamis LLP

Enenstein Pham

Federman & Sherwood

Fox Rothschild

Friedland Cianfrani

Goodwin Procter

Greenberg Traurig

Haynes Boone

Herzfeld Suetholz

Hunton Andrews

Jenner & Block

Jones Day

Julien Mirer

Katten & Temple

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Kwun Bhansali

Labaton Keller

Latham & Watkins

Lee Litigation Group

Lewis Brisbois

Littler Mendelson

Loeb & Loeb

Mandelbaum Barrett

Martin G. Weinberg PC

Marx & Marx

Miller Canfield

Mintz Levin

Morgan & Morgan PA

Morgan Lewis

Ogletree Deakins

Parker Poe

Patterson Belknap

Quinn Emanuel

Robinson Bradshaw

Rosner Law Group LLC

SML Avvocati

Sanford Heisler

Saxena White

Shavitz Law Group

Sidley Austin

Skadden Arps

Thompson Coe

Thurman Legal

Troutman

Valli Kane

Varnum LLP

Wachtell Lipton

Weil Gotshal

West Webb Allbritton & Gentry

White Hilferty

Wilkinson Stekloff

Wyly & Cook

Zimmer Citron

COMPANIES IN TODAY'S NEWS

23andMe Inc.

Actelion Ltd.

AmTrust Financial Services Inc.

Amazon.com Inc.

Ameris Bancorp

Anadarko Petroleum Corp.

Apple Inc.

Baylor University

Boyer Co.

CarePoint Health

Francisco Partners

George Washington University

Gleason Corp.

Google LLC

HPC Industrial

Harvard University

Integrity Staffing Solutions

International Game Technology PLC

Johnson & Johnson

LexisNexis Legal & Professional

Lidl US LLC

LinkedIn Corp.

NASCAR Digital Media LLC

Nexstar Media Group Inc.

Occidental Petroleum Corp.

OpenAI OpCo LLC

Permira

Pratt & Whitney

RELX PLC

RTX Corp.

Rivian Automotive LLC

Seaside Equity Partners

Shamrock Foods Co.

Spirit Airlines Inc.

Starbucks Corp.

State Bar of Georgia

Stellantis NV

Twitter Inc.

United Airlines Holdings Inc.

United Auto Workers

X Corp.

eBay Inc.

iRobot Corporation

GOVERNMENT AGENCIES IN TODAY'S NEWS

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Georgia Supreme Court

Michigan Supreme Court

National Labor Relations Board

State of Michigan

Texas Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Northern District of California

U.S. Bankruptcy Court for the District of Delaware

U.S. Bankruptcy Court for the Eastern District of Missouri

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. General Services Administration

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado