"In Trinidad v. OpenAI, the court dismissed the plaintiff's trade secret claims under the Defend Trade Secrets Act because the plaintiff had voluntarily disclosed her allegedly proprietary frameworks to OpenAI while using ChatGPT to create them."
"Judge Rakoff in United States v. Heppner held that documents created using publicly available generative AI are not protected by the attorney-client privilege—in part because communications memorialized through an AI platform are not confidential when the platform is not contractually bound to keep them secret."
"Trinidad and Heppner are among the first decisions to establish that confidential information shared with a public AI platform is not legally protected."
"Generative AI tools—such as ChatGPT or Claude—raise a threshold concern: they may cause information that was once a trade secret to become 'generally known' or 'readily ascertainable.'"
Recent court decisions in Trinidad v. OpenAI and United States v. Heppner reveal significant risks associated with sharing confidential information with generative AI platforms. In Trinidad, trade secret claims were dismissed due to voluntary disclosure of proprietary frameworks to OpenAI. In Heppner, documents created with generative AI were deemed not protected by attorney-client privilege, as the AI platform was not bound to confidentiality. These cases establish that information shared with public AI platforms lacks legal protection, emphasizing the need for trade secret owners to evaluate their exposure to AI-related risks.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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