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Milad Fakurian, Unsplash

Seyfarth’s 2026 Commercial Litigation Outlook reinforces a key reality for IP practitioners: artificial intelligence is not just driving innovation—it is fundamentally reshaping how intellectual property is created, protected, and challenged. This year, Seyfarth’s Intellectual Property team contributed insights focused on the growing risks to trade secrets, ownership rights, and proprietary information in an AI-driven environment.

One of the most pressing issues identified in the Outlook is the rapid adoption of AI-enabled tools in everyday business operations. Technologies like automated notetaking and meeting summarization are generating new forms of data that may capture highly sensitive or proprietary information. For companies relying on trade secret protection, this creates heightened risk of inadvertent disclosure, loss of confidentiality, and disputes over the accuracy and ownership of AI-generated content.

From an IP perspective, these developments raise critical questions: Who owns AI-generated outputs? How can companies preserve trade secret protection when information is passively recorded and widely distributed? And how should organizations structure governance to ensure that key innovations remain protected?

The Outlook makes clear that strong information governance is now central to IP strategy. Companies that implement clear policies around recording, restrict access to AI-generated materials, and define authoritative records will be better positioned to protect their innovations and defend against litigation.

These issues sit at the intersection of intellectual property, commercial litigation, and eDiscovery—making a cross-disciplinary approach essential. To explore these challenges in greater depth, Seyfarth’s IP, litigation, and eDiscovery teams will come together for the first session of the 2026 Commercial Litigation Outlook Webinar Series:

Securing Innovation and Competitive Edge in the AI Era
Tuesday, March 24, 2026

This session will provide:

  • IP-focused insights on AI inventorship, patent eligibility, and copyright challenges
  • Practical strategies for protecting trade secrets in an AI-enabled environment
  • Perspectives from litigation and eDiscovery practitioners on emerging evidentiary risks
  • Cross-functional guidance on managing legal exposure tied to AI tools and technologies

Download the 2026 Commercial Litigation Outlook and register for the webinar to learn how to align your IP strategy with today’s rapidly evolving risk landscape.