Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities

Jennifer Kenedy will serve as a panelist at PLI's Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities on Tuesday, October 17 in San Francisco, CA.

Jennifer's session, Ethical Issues in Trade Secrets Disputes, will take place at 4:00pm PDT. 2023 has been the year of ChatGPT and the birth of widespread use of Generative AI. ChatGPT has already assisted in the development of new drugs, detected several types of cancer, and scored in the top 90th percentile of the Uniform Bar Exam. This new technology will likely disrupt industries and the legal landscape in ways that we cannot currently predict. Clients want to use it and will expect their lawyers to do so, too. But understanding the ethical risks requires understanding the technology. And for trade secret lawyers handling clients’ most sensitive information, that risk becomes amplified.

After completing the session, participants will be able to:

• Understand how we comply with our duty of technological competence under Model Rule 1.1 to “keep abreast of changes in the law and its practice, including benefits and risks associated with relevant technology” given the dawn of this new technology
• Learn how a lawyer using ChatGPT or other generative AI tools “housing trade secrets [on an attorney’s] system or communicating [client information] over the internet” such that it triggers the obligations set forth in ABA decision 477R
• Discover how to effectively use the benefits of this technology while also meeting your Duty of Confidentiality under Rule 1.6
• Identify what your supervisory obligations are under Rules 1.5 and 5.3 if attorneys on your team or third parties employ generative AI tools which could involve ingesting your client’s confidential information or trade secrets
• Gain insight on how lawyers can meet their duty of candor with tribunals under Model Rule 3.3 and truthfulness in statements to others under Model Rule 4.1 with the emergent of this technology in the fast-paced world of trade secrets disputes

Learn more about PLI's Advanced Trade Secrets 2023.