OpenAI Agrees to Preserve Device Data in Ongoing Apple Trade Secret Dispute

OpenAI has agreed to specific actions regarding trade secrets and employee devices while its lawsuit with Apple plays out. According to Bloomberg, OpenAI agreed not to use trade secrets that Apple claims were stolen by employees who defected from the iPhone maker. The agreement also requires OpenAI to collect forensic images of devices belonging to fourteen employees.

The dispute centers on Apple’s allegation that confidential trade secrets were stolen by employees who left Apple to join OpenAI. Under the terms reported by Bloomberg, OpenAI has committed to not using these specific trade secrets during the pendency of the lawsuit. This restriction is part of the ongoing legal proceedings between the two technology companies.

Legal Context and Preceding Developments

This development follows significant procedural movements in the case earlier this month. As Threat Times reported on October 14, 2026, a federal judge granted Apple access to OpenAI’s hiring documents. The court ordered OpenAI to hand over interview materials and private messages from former Apple staff members. That ruling was viewed as a key procedural win for Apple, allowing the company to scrutinize the recruitment process.

The previous reporting also highlighted OpenAI’s counter-allegations. On the same date, Threat Times reported that OpenAI claimed a former employee leaked device files to Apple as part of the trade secret suit. OpenAI alleged that a former worker sent confidential hardware data to personal accounts before returning to Apple. Apple denies the claims made by OpenAI regarding this specific incident.

Who Is Affected

The immediate impact of this agreement falls on the fourteen employees whose devices are subject to forensic imaging. Their digital data will be preserved as part of the legal discovery process. For security and technology professionals, this case illustrates the intense scrutiny applied to employee device data during high-profile intellectual property disputes. The involvement of forensic imaging indicates a deep dive into digital footprints to trace the movement of sensitive information.

What should you do?

Organizations should review their own policies regarding employee device usage and data retention, especially for staff in sensitive roles. Monitoring for any unusual data transfers or access patterns can help detect potential leaks early. Legal teams should ensure that discovery protocols are robust and capable of handling forensic requests. Companies should also verify that their trade secret protections are clearly documented and communicated to all employees.

What to do and how to stay safe: OpenAI

• Review internal policies on employee device usage and data handling to ensure they align with legal discovery capabilities.
• Implement monitoring tools to detect unusual data transfers or access patterns that could indicate unauthorized exfiltration.
• Ensure that legal and security teams are prepared to respond to forensic imaging requests during litigation.
• Clearly document and communicate trade secret protections to all employees, particularly those in high-risk or sensitive roles.

Step-by-step guide: Mobile Device Security: How to Protect Data Beyond Passwords

General security guidance from the Threat Times newsroom. It is not confirmed advice from the organisations named in this story.

Frequently asked questions

What exactly has OpenAI agreed to do in this agreement?

OpenAI has agreed not to use trade secrets that Apple claims were stolen and to collect forensic images of fourteen employees' devices.

How many employees' devices are involved in the forensic imaging?

Fourteen employees' devices are subject to forensic imaging under the agreement.

What was the previous procedural ruling in this case?

A federal judge previously granted Apple access to OpenAI hiring documents and private messages from former Apple staff.