Transforming AI Technology into Legally Defensible Trade Secrets—And Winning When Those Secrets Are Stolen

Robert Counihan | Fenwick & West

Robert Counihan is a first-chair litigator who helps technology and life sciences companies protect core IP and resolve “bet-the-company” disputes, including trade-secret misappropriation tied to advanced software and therapeutics. He co-leads Fenwick’s Patent Litigation practice and regularly handles fast-moving injunctions and cross-border issues. Recent matters include representing Amyndas Pharmaceuticals in U.S. and Danish actions alleging misappropriation of confidential complement-therapeutics know-how against Zealand Pharma and AstraZeneca’s Alexion, and defeating a preliminary-injunction bid in a trade-secret case against Loxo Oncology (Eli Lilly) that later ended with Array dismissing its claims after a Tenth Circuit appeal.

His publications include pieces for IAM and Bloomberg Law on IP enforcement strategy and “commercially reasonable efforts,” often cited by in-house teams building playbooks for AI-adjacent R&D. Counihan was also recognized among Law360’s top life sciences lawyers under 40, with trade-secrets work highlighted.

Matthew Damm | Fenwick & West

Matthew Damm counsels AI and high-growth tech clients on the front lines of talent mobility, restrictive covenants, and trade-secret risk—drafting and enforcing confidentiality, invention-assignment, and non-solicitation agreements, and litigating misappropriation and non-compete disputes.

He co-authored Fenwick’s alert on the FTC’s non-compete rulemaking (and subsequent updates after the April 23, 2024 final rule) and frequently briefs boards and HR leaders on compliance “crunch” timelines that intersect with AI staffing and vendor transitions.

Recent programming includes CLE and webinar presentations on navigating non-competes and best practices when hiring from competitors—covering trade-secret onboarding, forensic preservation, and emergency relief strategy.

Noah Solowiejczyk | Fenwick & West

A former SDNY unit chief, Noah Solowiejczyk represents AI, fintech, and deep-tech companies in high-stakes internal investigations, parallel agency matters, and litigation where trade-secret, export-control, and data-abuse theories converge. His practice spans AI & machine learning, semiconductors, and fintech, with a focus on crisis-management and compliance architectures that anticipate DOJ, SEC, and OFAC scrutiny.

At SDNY he led or supervised landmark prosecutions, including the first-ever cryptocurrency insider-trading case—experience he now leverages when AI-driven data pipelines or model-training assets are at issue in secrets cases and cross-border transfers.

His recent firm work and commentary address tightened U.S. export controls on advanced AI technologies and chips and evolving national-security enforcement trends relevant to AI commercialization.

Ben Herbert | Miller Barondess

Ben Herbert is a seasoned trial lawyer who focuses on patent infringement and trade-secret misappropriation litigation, particularly for companies in the tech, AI, hardware and software sectors. He serves as co-leader of the IP practice at Miller Barondess, where he helps clients protect and enforce their core technology assets and counsel them on strategic IP risk in emerging domains.

Herbert has been a key member of multiple trial teams that secured more than $1.5 billion in jury verdicts in two years, highlighting his ability to handle “bet-the-company” disputes involving trade-secret claims and patent portfolios. He has litigated complex matters across a wide range of technologies—including digital radios, medical devices, computer software/hardware, graphics processors, bitcoin-mining technology, portable power generation, and satellite systems.

In addition to courtroom wins, Herbert has significant experience in Patent Office proceedings (such as inter partes review) and has worked before the U.S. Court of Appeals for the Federal Circuit. His broader engagement includes publishing and speaking on key topics that resonate in the AI and trade-secret world: e.g., “The rise of trade secrets as primary protection for technological innovation,” and “Weighing the Options for Protecting AI Innovations.” He is recognised in the IAM Strategy 300 as one of the leading IP strategists and listed in trade-secrets rankings for his work.

His academic credentials include a J.D. from the Sandra Day O’Connor College of Law (Arizona State University) and a B.A. in Molecular Cellular Developmental Biology from the University of Colorado. He previously was a partner at Kirkland & Ellis in Los Angeles and then led operations at Law Finance Group in Los Angeles.

Herbert is particularly valued in situations where high-stakes IP disputes intersect with AI or evolving technologies, offering deep trial experience and strategic insight into how trade-secret and patent law apply in emerging tech arenas.

Session I – AI and Trade Secrets: Litigation Strategies and Damage Assessments | 12:00pm – 1:00pm

• Understanding AI trade secrets
• Building a culture of protection
• Litigating AI trade secret cases and strategic framing
• Navigating criminal investigations and reporting trade secret theft to law enforcement

Break | 1:00pm – 1:10pm

Session II – AI and Trade Secrets at Trial: Proving Misappropriation | 1:10pm – 2:10pm

• Building a strong case theory
• Managing evidence and discovery
• Proving misappropriation and use
• Defending against AI trade secret claims
• Working with expert witnesses
• Presenting complex evidence at trial