INTRODUCTION Contributed by: Simon Bushell, Gareth Keillor and Maitreyee Dixit, Seladore Legal
secrets remains largely unexplored, however, and hinges on issues such as: • the extent to which designers of an AI system hold trade secret rights as to algorithms that have evolved in a way that the designers can - not articulate; • the impact of such lack of knowledge on trade secret misappropriation claims and recoverable damages; and • the evolving efforts to define transparency in AI. Shifts in Employment Practices Chambers Trade Secrets Global Practice Guide 2025 focuses on best practices for protect - ing trade secrets and avoiding the pitfalls of encroaching on others’ trade secret rights. A key area to which trade secret owners must remain alert is the use of technological and other protections to safeguard their valuable intellec - tual property. Recent decades have seen a sea change in the way employers recruit and main - tain their workforce, including hiring a substan - tial number of remote employees, increased use of independent contractors and the rise of the “gig” economy, in which an ever-rotating cast of independent workers may have access to the company’s confidential information. On top of these existing trends, shifts to hybrid and/or fully remote workplaces, even as many sectors make a push to return to traditional office-based employment, require balancing agility and innovation with appropriate confi - dentiality controls. The increased focus on remote work under - scores the need to create sophisticated con - fidentiality measures to protect trade secrets without impairing the ready interchange of ideas and information in collaborative work environ -
ments, which may be necessary to promote the very innovation that generates trade secrets. Long gone are the days when a company could simply lock its crown jewels in a vault and rest easy knowing its trade secrets were safe. In addition to the lasting shift away from tra - ditional workplaces, lawmakers from various states and the Federal Trade Commission (FTC) have demonstrated increasing aversion to non- compete agreements. While these changes would result in an even more mobile workforce that may choose to pursue new opportunities and leverage experiences from prior compa - nies, causing the risk of misappropriation to grow, the status of the FTC’s noncompete ban is uncertain in light of a Texas federal court rul - ing (currently being challenged by the FTC on appeal) that struck down the ban nationally and prevented its enforcement through a permanent injunction. Employees may feel incentivised to use knowledge and insight gained at prior employers to differentiate themselves in a new job. Without adequate training and precautions, the line between acquired skills and acquired confidential information could blur. New employ - ers (whether leanly staffed start-ups or global heavyweights) should implement stringent pro - cedures for insulating themselves from others’ confidential information, while former employers must remain vigilant in safeguarding the improp - er use of their hard-earned property or risk losing it to competitors. Litigation and ADR Because disputes over trade secrets arise even when such precautions are taken, chapters in this guide explore the latest trends in trade secret litigation and alternative dispute resolu - tion (ADR) proceedings. Given the high stakes for both sides in a trade secret dispute, it will be important for counsel to consider the full spec -
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