Artificial intelligence (AI) has dramatically expanded the toolkit available for reverse engineering, and in-house counsel might wish to take note. Reverse engineering is the process of discovering otherwise nonpublic information about a product by examining the public-facing product. Reverse engineering has always presented a risk, but rapidly-evolving technology is expanding the scope of what can be reverse-engineered. Now, AI enables reverse engineering in previously-impossible ways. What once required specialized expertise and significant time investment can now be accomplished in minutes using publicly available AI models. This is a noteworthy development for in-house counsel at companies with technology-driven products and services (both specialized “software as a service” (SaaS) companies and also technology companies generally). Companies should consider whether their confidential information protections are up to the task.

Read “Reverse Engineering in the Age of AI: Are Your Trade Secrets Still Safe?” authored by Gregory Bombard and Andrew (A.J.) Tibbetts for Lawyers Weekly.

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Photo of Gregory S. Bombard Gregory S. Bombard

Gregory S. Bombard is a trial lawyer focusing on trade secret litigation, business torts, and other complex commercial disputes. Greg represents pharmaceutical, technology, and manufacturing companies in state and federal courts, as well as in arbitration proceedings throughout the United States. He regularly…

Gregory S. Bombard is a trial lawyer focusing on trade secret litigation, business torts, and other complex commercial disputes. Greg represents pharmaceutical, technology, and manufacturing companies in state and federal courts, as well as in arbitration proceedings throughout the United States. He regularly represents both plaintiffs and defendants in trade secret cases and related claims. Greg is a frequent writer and speaker on trade secret law and is the co-author of the book Protecting and Litigating Trade Secrets (2nd Ed.), published by the American Bar Association.

In addition to his trade secrets practice, Greg has deep experience defending consumer and business claims under the Unfair Trade Practice Acts of Massachusetts (Chapter 93A) and similar laws in other states. He has handled unfair trade practice litigation on behalf of banks, credit card processors, mortgage servicers, and other consumer finance companies.

Photo of Andrew (A.J.) Tibbetts Andrew (A.J.) Tibbetts

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement,

Leveraging his technical proficiency and prior software engineering career, Andrew (A.J.) Tibbetts provides business-oriented IP legal counseling for software, AI and electronics-based technologies. His strategic approach incorporates open source practices and trade secret policies alongside patents, and he advises clients on licensing, enforcement, diligence, and defense against infringement accusations. A.J.’s patents have directly led to clients closing funding rounds, and software patents A.J. wrote for clients have survived PTAB invalidity challenges and been enforced against competitors. He co-authored influential amicus briefs cited favorably by the U.S. Supreme Court and Federal Circuit Court of Appeals relating to patentability of software.

A.J. counsels traditional software and electronics companies, including artificial intelligence and machine learning (AI/ML) across a variety of domains, networking/telecom/CDN, fintech (including market data and infrastructure), blockchain and distributed ledger tech, speech recognition, natural language processing, and more. As “software eats the world,” a growing number of companies look to A.J. for advice protecting new investments in software and data science, including life sciences, biopharma, medtech, medical devices, radiology, digital health, health care IT, and healthtech companies. A.J. advises a broad clientele, from multinational corporations to small enterprises, serves on the boards of MassMEDIC and HealthTech Build, as well as on a digital health advisory panel for MassBio.

Prior to his legal career, A.J. worked as a programmer for IBM/Lotus, contributing to the development of Lotus Notes. He also served for several years as the lead developer for a sales analytics tool, overseeing its end-to-end implementation, including planning, coding, documentation, testing, and roll-out.