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Employee theft of trade secrets is not only on the rise but is now easier than ever before due to widespread access to rapidly evolving and affordable technology. Employees continue to use personal email accounts, thumb drives, phone cameras, personal cloud-based accounts (such as OneDrive, Google Drive, and iCloud), and external hard drives to mass-transfer, store, and retain their employer’s trade secret information post-separation. But are these types of technological advances the biggest threat to trade secret protection?
With the rise in popularity and availability of generative artificial intelligence (“gen AI”), many employers fear that safeguarding their trade secret information in the future may become even more difficult.
How employees are using gen AI in the workplace
Employers may be surprised to hear that, according to one survey recently conducted by McKinsey & Company, 61 percent of workers are either using or plan to use Gen AI in conjunction with their work. In some instances, employee use of AI is employer-driven, such as where employers automate information/knowledge management or customer service functions. But in many instances, employee use of AI is employee-driven, and the employer may even be unaware of its use. Also according to McKinsey & Company, at least three times more employees are using gen AI for a third or more of their work than their leaders imagine, with millennials 1.4 times more likely to report extensive...
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