Munger, Tolles & Olson’s Miriam Kim, Vincent Ling and Nate Sussman Pen Article on Trade Secret Law and AI

Munger, Tolles & Olson’s Miriam Kim, Vincent Ling and Nate Sussman published an article in the Daily Journal titled, “Trade Secret Law and AI: Navigating emerging risks and legal implications.” The article discusses the potential impact of general artificial intelligence (AI) on trade secret law, including with respect to protectability and remedies.

“AI’s intersection with trade secret law is an area of uncertainty that will continue to evolve as technology advances,” the authors write. While it remains to be seen how courts address these issues, the authors explore the possibility that AI could potentially impact the standard for deeming information “readily ascertainable,” raise the standard for “reasonable efforts” to maintain secrecy and complicate the assessment of remedies.

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Ms. Kim’s practice focuses on complex civil litigation, intellectual property and high-stakes investigations. She was named a Top AI Lawyer by the Daily Journal and has substantial experience in matters involving trade secrets and employee mobility, false advertising, products liability, unfair competition, and technology disputes. Ms. Kim recently served as a practitioner fellow at the Berkeley Center for Law & Technology, focused on generative artificial intelligence (AI), and she provides guidance to companies on a range of legal issues related to the development, distribution, and use of AI. She co-chairs the firm’s Generative AI Task Force and is also a member of the firm’s Management Committee.

Mr. Ling’s practice focuses on intellectual property litigation at both the trial and appellate levels, particularly in patent infringement and trade secret misappropriation matters. He has represented both plaintiffs and defendants in high stakes litigation across a range of industries, including biopharmaceuticals, wireless communications, and semiconductor and computer technologies. He is also President of the Judge Paul R. Michel Intellectual Property American Inn of Court and was past chair of the Patent and Trade Secret Committee of the Los Angeles Intellectual Property Law Association (LAIPLA).

Mr. Sussman’s wide-ranging practice encompasses intellectual property counseling, mergers and acquisitions, debt and equity financings, corporate governance and securities regulation. He also has experience advising on consumer and commercial contracts, executive compensation and the formation of funds and joint ventures. In addition to his broader practice, Mr. Sussman advises clients on the diverse array of legal issues that arise in connection with artificial intelligence. He serves as co-chair of MTO’s Generative AI Task Force and is a frequent public commenter on AI and the law.