Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem

Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.

12 minute read January 01, 2026 at 12:09 AM

David Baake

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem

As artificial intelligence (AI) continues to revolutionize the economy, courts are increasingly being asked to determine whether AI models and algorithms can be protected as trade secrets.

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