The A.I. Spy Thriller; The New York Times, November 10, 2026

  Sam Sifton, The New York Times; The A.I. Spy Thriller

"The stakes

There’s more to all this than romantic scandal and corporate espionage. The United States and China are in a race to control the future of artificial intelligence. Nvidia makes the chips that have for now put the United States ahead. To keep it that way, Washington bars Nvidia from selling chips to China.

Enter Alice Huang, a Chinese citizen who is an executive at a Singapore-based data-center company called Megaspeed. It’s unclear when she first met Huang from Nvidia, but in 2024 they were photographed together at a bar in Taipei as Megaspeed prepared to spend $2 billion on Nvidia chips. Investigators from the U.S. Commerce Department were interested in that: Was Megaspeed helping China sidestep American export restrictions? Whom did she really work for? (Alice Huang has not responded to multiple attempts to reach her for comment in recent days.)

U.S. officials concluded she was recruited by China’s Ministry of State Security to gather information on the American C.E.O. and potentially to influence his company to funnel chips to China. That’s not how America wins the global competition for dominance of A.I...

There could be political fallout as well. Huang is a close ally of President Trump. He is also friendly with the Chinese, whom he told Bloomberg are “not our enemies.” Last year, he persuaded the president to roll back some of the ban on chip sales to China, after which Nvidia sold its second-most valuable chip there. (The U.S. government took a 25 percent cut of the sales.) And Nvidia has given at least $20 million to Trump’s ballroom fund."

Trump backs Nvidia's Huang amid affair, spy investigation; Axios, November 9, 2026

 Ben Berkowitz, Axios ; Trump backs Nvidia's Huang amid affair, spy investigation

""I haven't heard that he's done anything wrong," Trump added. "He dealt with somebody but, you know, so does everybody else.""

Nvidia Opens Investigation Into Jensen Huang’s Relationship With Chinese Spy; The New York Times, November 8, 2026

 Tripp Mickle, The New York Times; Nvidia Opens Investigation Into Jensen Huang’s Relationship With Chinese Spy

Mr. Huang, the company’s chief executive, acknowledged on Sunday that he was intimate with a business executive who U.S. officials had determined was working for Chinese intelligence.

"Nvidia said on Sunday that it was opening an investigation into Jensen Huang, its chief executive and co-founder, after he acknowledged to the company’s board that he had been intimate with a business executive who U.S. intelligence determined to be a Chinese spy.

Mr. Huang’s relationship with the woman, who is named Alice Huang, became a U.S. government concern after surveillance revealed that she was feeding information directly to Beijing. The revelation raised troubling possibilities because Mr. Huang is one of the most powerful figures in the A.I. revolution as well as an influential ally of President Trump.

In a message to the company, Mr. Huang apologized. “I was unfaithful to my wife,” he said. “My actions hurt her and our children. There is no excuse for what I did. I am deeply sorry.”

Nvidia’s board said that it had “no reason to believe that either national security or Nvidia secrets were compromised,” but that “the board’s inquiry will examine all available information.” It said Mr. Huang “fully supports the review and has committed to cooperating with it.”

Can Trade Secret Law Protect Indigenous Knowledge?; Law360, October 9, 2026

Ivan Moreno , Law360; Can Trade Secret Law Protect Indigenous Knowledge?

[Kip Currier: It's intriguing to see trade secret law (re)considered as a potential means for enabling indigenous communities to secure protection of their communal knowledge.

My Bloomsbury book Ethics, Information, and Technology (2025) has extensive separate chapters on Indigenous Knowledge and Intellectual Property, as well as AI.]

"As the U.S. and other countries struggle to agree on new international protections for Indigenous knowledge, trade secret law is drawing renewed attention as a possible solution for material that communities actually keep confidential."

If You Prompt a Movie or Song Into Existence With AI, You Shouldn’t Be Able to Profit From It; The Hollywood Reporter, August 31, 2026

David Barber, The Hollywood Reporter; If You Prompt a Movie or Song Into Existence With AI, You Shouldn’t Be Able to Profit From It

"Preserving the value of human creativity is not as difficult as it would seem. I propose that the following two provisions be the framework of legislation for the protection of artists:

1. Legislation prohibiting prompt-driven outputs or assets of Generative AI models, and whole works that contain prompt-driven outputs or assets of Generative AI models as any part of said whole, from being copyrighted.

2. Legislation stating that all prompt-driven Generative AI outputs, assets, and their derivatives be clearly labeled as such: Visibly – pictures, images, and videos; Audibly – songs, scores, sound effects/design;  Metadata – trackable for ALL generative AI outputs.

The goal of a law, or laws, built upon these foundational principles, is to disallow the:

• prompting of a song into existence and profiting from it
• prompting of a film or video into existence and profiting from it
• killing of creative departments and using prompt-driven outputs to replace their artistry
• existence of unidentifiable deepfakes

Under such regulations, individual prompted outputs would be ineligible for copyright protection, as would whole works that contain them. Examples include films that use a prompt-generated score, sound effects, visual effects, or VoiceOver, and songs that use prompt-generated horn sections, backup vocals, or other core elements that contribute to the song’s final presentation. Beyond the ethical and moral reasons for these provisions, there is also a legal basis for them.

The language must also prevent corporations from hiding any prompt-driven Generative AI usage under Trade Secret Law."

Dr. Philipp Mels, orka: "The biggest battle in the 21st century will be AI versus Copyright"; Leaders League, June 15, 2026

 Leaders League; Dr. Philipp Mels, orka: "The biggest battle in the 21st century will be AI versus Copyright"

"Dr. Philipp Mels, Managing Partner at orka, comments on the use of AI in the context of intellectual property rights, trade secrets, and data protection.

LEADERS LEAGUE: In addition to the AI Act, which areas of law require particular attention when developing, operating, and using AI?

Philipp Mels: In addition to the AI Act, the most important areas of law regarding the use of AI are clearly intellectual property rights, trade secret protection, and data protection...

Why is the use of trade secrets in AI systems so legally risky?

In practice, the most relevant risk for companies is not so much the violation of third-party trade secrets, but rather the fact that employees may enter trade secrets into the AI system. This can be seen as evidence that the company, as the owner of the trade secret, has failed to take the necessary and appropriate measures to ensure confidentiality. As a result, the company loses the protection afforded to those trade secrets.

How significant is the conflict between AI providers and operators on the one hand, and creators or copyright holders on the other?

You may be surprised by my choice of words. The biggest battle that providers and operators of AI systems must fight in the 21st century is against copyright holders, who understandably want to take action against the infringement of their copyrights."

AI Makes Securing Copyright Protection for Software Code Tricky; Bloomberg Law, April 15, 2026

 Michael Justus, Carlton Fields, Bloomberg Law; AI Makes Securing Copyright Protection for Software Code Tricky

[Kip Currier: I recommend this brief articleLinks to an external site. in Bloomberg Law; the authors do a great job identifying AI, IP, and human and AI-related coding issues right now, such as "vibe coding". They also provide practical strategies for endeavoring to secure copyright protections for code.]

"Copyright protection for software code is being sacrificed, knowingly or not, for the speed and efficiency of AI coding.

This rapid shift in the role of humans from writing code to managing artificial intelligence tools upends traditional copyright protection strategies. Original human-written code is generally copyrightable. But AI-generated code that lacks human authorship is ineligible for copyright protection under US law.

“Vibe coding”—where humans describe a desired software program in natural language and GenAI tools write the code—is pervasive. This isn’t limited to the tech industry. Employees across industries are vibe coding software solutions, which can be valuable to employers.

Developers estimate 42% of code is AI-generated or assisted and the number was expected to increase significantly, according to an October 2025 survey.

The lack of copyright protections is a big deal...

The key is bespoke curation into a creative whole from many options."

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle; The Fashion Law, February 24, 2026

 TFL, The Fashion Law; 9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle

"In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming that Anderson’s dance-cardio routines are not protectable under federal copyright law. In a newly-issued memorandum, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s grant of summary judgment in Roup’s favor, concluding that the so-called “TA Method” amounts to a functional fitness system rather than protectable choreography...

The Ninth Circuit’s ruling sends a clear message to fitness entrepreneurs: branding a workout as proprietary, scientific, or even choreographed will not convert a functional exercise system into a protectable work of authorship. For an industry built on personality-driven empires and carefully curated “methods,” the decision makes clear how limited a role copyright can play in safeguarding competitive advantage. With that in mind, parties like Anderson and Roup will have to rely on trademarks, trade secrets, and as this case illustrates, carefully drafted employment agreements, to protect their intellectual capital.

For now, Roup has secured a meaningful appellate win. And for Anderson, whose cult-followed method helped define boutique fitness in the 2000s, the fight continues – albeit on the contract (not copyright) front.

The case is Tracy Anderson Mind and Body, LLC, et al. v. Megan Roup, et al., 2:22-cv-04735 (C.D. Cal.) "

Ex-Google engineer found guilty of stealing AI secrets for China; Axios, February 2, 2026

Rebecca Falconer, Axios; Ex-Google engineer found guilty of stealing AI secrets for China

"A former Google engineer was found guilty of economic espionage and theft of confidential AI technology for the benefit of China's government, the FBI said Monday.

Why it matters: Intelligence and defense officials have long warned of increased efforts by Beijing and others to obtain U.S. intellectual property and use AI against American interests.

State of play: A federal jury in San Francisco convicted Linwei Ding, also known as Leon Ding, 38, of seven counts of economic espionage and seven counts of theft of trade secrets, per an FBI post on X Monday."

Google Engineer Disputes AI Secrets in China Espionage Trial; Bloomberg Law, January 12, 2026

Isaiah Poritz, Bloomberg Law; Google Engineer Disputes AI Secrets in China Espionage Trial

"Former Google LLC engineer Linwei Ding on the first day of his criminal trial pushed back on allegations that he stole over 100 valuable AI trade secrets from the tech giant to start a business in China, arguing that the documents he copied don’t meet the legal definition of a trade secret."

Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems; npj Health Systems, November 25, 2025

Robin van Kessel, Jelena Schmidt, 

Hannah van Kolfschooten, 

Sam Feudo, 

Katie Young, 

Laura Valtere, 

Timo Minssen & 

Elias Mossialos 

, npj Health Systems ; Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems

"Abstract

Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP and IP-related rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in health systems, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders."

White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement; Oregon Public Broadcasting (OPB), November 24, 2025

Nathan Wilk , Oregon Public Broadcasting (OPB); White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement

"Eugene’s White Bird Clinic is suing a rival nonprofit, Willamette Valley Crisis Care, over copyright infringement and the stealing of trade secrets.

WVCC was founded after White Bird shuttered CAHOOTS services in Eugene in April. The new nonprofit hopes to launch a similar mobile crisis intervention program and has multiple former CAHOOTS staff members on board.

White Bird is now alleging that minutes before WVCC co-founder Alese “Dandy” Colehour sent a resignation letter to White Bird earlier this month, they downloaded confidential client information, training manuals and other materials to give to the newer non-profit.

White Bird is also accusing the WVCC of infringing on its CAHOOTS trademark through advertising materials and other public outreach efforts, and of passing off White Bird’s services as its own."

Your employees may be leaking trade secrets into ChatGPT; Fast Company, July 24, 2025

KRIS NAGEL , Fast Company; Your employees may be leaking trade secrets into ChatGPT

"Every CEO I know wants their team to use AI more, and for good reason: it can supercharge almost every area of their business and make employees vastly more efficient. Employee use of AI is a business imperative, but as it becomes more common, how can companies avoid major security headaches? 

Sift’s latest data found that 31% of consumers admit to entering personal or sensitive information into GenAI tools like ChatGPT, and 14% of those individuals explicitly reported entering company trade secrets. Other types of information that people admit to sharing with AI chatbots include financial details, nonpublic facts, email addresses, phone numbers, and information about employers. At its core, it reveals that people are increasingly willing to trust AI with sensitive information."

Elon Musk’s Tesla sues former Optimus robot engineer for allegedly stealing trade secrets; New York Post, June 12, 2025

Thomas Barrabi , New York Post; Elon Musk’s Tesla sues former Optimus robot engineer for allegedly stealing trade secrets

"Elon Musk’s Tesla is suing one of its former engineers for allegedly stealing trade secrets related to its highly anticipated Optimus humanoid robot.

The defendant is Zhongjie “Jay” Li, who cofounded the humanoid robot startup Proception Inc. after working at Tesla from Aug. 2022 to Sept. 2024, according to the complaint filed in San Francisco federal court on Wednesday.

The lawsuit alleges Li, who worked on “advanced robotic hand sensors—and was entrusted with some of the most sensitive technical data in the program,” downloaded Optimus files onto two smartphones."

U.S. Copyright Office Releases New Copyright Registration Toolkit; U.S. Copyright Office, April 22, 2025

 U.S. Copyright Office, Issue No. 1070; U.S. Copyright Office Releases New Copyright Registration Toolkit

"Today, the U.S. Copyright Office released the Copyright Registration Toolkit, a comprehensive resource designed to help creators, small business owners, advisors, and others navigate the copyright system. As part of the Copyright Office’s Copyright for All initiative, the toolkit is a visual breakdown of copyright, including essential information about copyright law, how to prepare for copyright registration, what to expect during the process, and post-registration considerations.

“The Copyright Registration Toolkit makes copyright information more accessible and user-friendly for all creators,” said Associate Register of Copyrights and Director of Public Information and Education Miriam Lord. “Resources like this one empower authors, artists, musicians, and their advisors to protect and manage creative works with confidence.”

Developed in conjunction with the U.S. Patent and Trademark Office's intellectual property (IP) toolkits for trademarks, trade secrets, and patents, these resources collectively provide a broad overview of IP protection under U.S. law.

Copyright Office attorneys, writers, and designers collaborated on the toolkit to ensure it serves as a reliable and engaging reference for creators making business decisions about their creative works and for advisors who help guide them in understanding their rights as IP owners.

To explore the Copyright Registration Toolkit, visit the landing page. For further inquiries, the Public Information Office is available Monday through Friday, 8:30 a.m.–5:00 p.m. eastern time, to assist with questions about the copyright registration process."

AI/IP Issues Part 2: What Current Litigation Can Tell Us About Where IP in AI Is Heading; LexisNexis, Wednesday, July 24, 2024 1 PM EDT, 10 AM PDT

LexisNexis ; AI/IP Issues Part 2: What Current Litigation Can Tell Us About Where IP in AI Is Heading

"Recent litigation involving generative artificial intelligence (AI) and intellectual property highlights emerging issues that companies need to understand. This webcast explores the litigation trends around patent eligibility and novelty issues, copyright and the fair use defense, and trade secret misappropriation to understand how these cases can help in-house counsel develop internal policies to best protect the company’s intellectual property. Additionally, these current cases can help corporate counsel anticipate challenges and make informed decisions when adopting AI.  

Attend to discover insights into the following trends:

• Patent litigation reveals uncertainties around patent eligibility and novelty where inventions and/or inventors involve generative AI. 
• Trade secret litigation is trending up as companies have started to maximize technology protection with trade secrets and recent jury awards have made it a valuable form of intellectual property protection.  
• Copyright cases are testing the boundaries of fair use related to generative AI."

U.S. bans noncompete agreements for nearly all jobs; NPR, April 23, 2024

 Andrea Hsu , NPR; U.S. bans noncompete agreements for nearly all jobs

"The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own...

"For more than a year, the group has vigorously opposed the ban, saying that noncompetes are vital to companies, by allowing them to better guard trade secrets, and employees, by giving employers greater incentive to invest in workforce training and development."

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

Introduction to Intellectual Property; West Virginia Libraries (WVU) , Tuesday, August 29, 2023

West Virginia Libraries (WVU) ; Introduction to Intellectual Property

"Curious about Trademarks, Copyrights, Patents, & Trade Secrets? Join us for an overview of intellectual property.

 Intellectual Property by Marian Armour-Gemmen"

Crocs and rival footwear maker Joybees clash over trade secrets in US court; Reuters, July 7, 2023

  Mike Scarcella, Reuters; Crocs and rival footwear maker Joybees clash over trade secrets in US court

"Footwear makers Crocs (CROX.O) and rival Joybees have filed competing claims against each other in U.S. court in Colorado, as the companies clash over corporate trade secrets, intellectual property and competition in the market for casual shoes.

Crocs sued Joybees in federal court on Thursday, expanding on a separate lawsuit that the Colorado-based company filed in 2021. The new complaint, accusing Joybees and its chief executive of unfair competition, came a day after Joybees filed claims in the same court against Crocs."