30 “In the AI context, training datasets, labeling methodologies, and model architectures are now being asserted as trade secrets, while in biotech, proprietary genetic or molecular data often straddle the line between regulatory disclosure and confidentiality. These developments are prompting courts to refine the “reasonable secrecy” standard, evaluating whether protective measures reflect modern technological realities such as cloud-based collaboration and shared research environments. In this evolving landscape, the adequacy of confidentiality measures—not the novelty of the underlying technology - determines whether information remains legally protectable.” Grotzinger (Greenberg Traurig) noted that technology itself is testing the limits of secrecy. “As technology better (and sometimes exponentially) enables the discovery of confidential information, some courts are recognizing that information that is accessed with advanced technology should still be treated as secret and protectible. For example, a U.S. case addressed the technology of “scraping” data from the internet, which data would not otherwise be accessible.” “The court recognized that using technology like a bot to collect an otherwise infeasible amount of data could constitute “improper means” and therefore misappropriation. Trade secret law protects information that derives value from not being readily ascertainable; if only an advanced technology allows access to confidential information that otherwise would not be humanly possible, courts might continue to treat the information as secret and protectible. Expect this issue to arise more as AI enables reverse-engineering of trade secrets, which generally does not constitute misappropriation, and expect the law to begin to restrict the reverse-engineering exception to protect trade secrets from such advanced tools.” Wolek (Fox Rothschild) added that: “Courts continue to interpret trade secrets broadly, protecting a wide range of information—whether tangible or intangible—as long as it is kept confidential. Examples of protectable trade secrets include financial, business, scientific, technical, economic, and engineering information. This may encompass patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, and codes. Even customer or client lists can be trade secrets.” “Importantly, the format in which the information is stored does not affect its eligibility for protection. Trade secrets may be documented physically, electronically, graphically, photographically, or in writing. The key requirement is that reasonable steps are taken to maintain the secrecy of the information.”
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