Trade Secret disputes and Non-Disclosure Agreement (NDA) related lawsuits are on the rise, fueled by remote work arrangements, layoffs leading to disgruntled ex-employees, and the increasing use of generative AI. These factors make it easier for confidential corporate know-how to be misused or exposed, whether intentionally or not.

If your company hasn’t updated its protocols, policies, and protections related to proprietary information, now is the time to act—and Ludwig APC can help.

A Breeding Ground for Risk

Before the pandemic, trade secrets were largely confined to office spaces, secure servers, and tightly controlled access points. But as WorkLife News reports, today’s employees work across multiple devices—phones, tablets, personal laptops, even shared family computers—and multiple locations. Sensitive data can be stored in the cloud, in note-taking apps, or in screenshots or recordings from Zoom meetings.

Layoffs have further complicated the picture. Departing employees may still have access to proprietary files, customer lists, or internal strategies. Some may misuse this data out of frustration or a desire for retribution—but many simply don’t realize they’re carrying trade secrets with them. And once that information leaves your corporate confines, recovering it is nearly impossible.

NDAs Being Legally Tested

NDAs are designed to protect trade secrets, but they’re increasingly being tested in court.

Non-compete clauses and NDAs often get lumped together—but they serve distinct legal purposes. NDAs are designed to protect trade secrets and confidential business information, while non-competes restrict where and how someone can work after leaving a company.

In 2024, the Federal Trade Commission announced a rule banning non-compete agreements nationwide. Although its implementation remains in limbo due to legal and internal challenges, the move has sparked broader scrutiny of employment contracts, especially those that blur the line between protecting proprietary information and stifling career mobility.

Even if non-competes are struck down, NDAs remain enforceable as long as they’re narrowly tailored. But if an NDA is drafted so broadly that it functionally blocks your former employees from working in their field, it could be challenged in court under the same scrutiny applied to non-competes.

That’s why businesses must be precise with their NDAs. Vague language, outdated terms, or failure to define what counts as a “trade secret” can expose your agreements to legal risk. Working with experienced counsel like Ludwig APC ensures your contracts protect proprietary information without overstepping the bounds of enforceability.

AI and Trade Secret Exposure

Generative AI tools such as ChatGPT have introduced a new layer of complexity to the protection of trade secrets. Employees may unknowingly input proprietary data into public AI platforms, which can then be absorbed into training models. As WorkLife News notes, this creates a risk of trade secrets being exposed or replicated outside the company’s control.

Even internal AI systems pose challenges. Autonomous tools can scan and replicate sensitive data, making it harder to track ownership or misuse. Businesses must now consider how AI interactions—both internal and external—impact trade secret integrity.

Growing Businesses May Be Especially Vulnerable

Startups and growing companies often operate with lean teams, rapid onboarding practices, and frequently shifting technology platforms. Their agility is a strength—but it also means trade secret protection could be overlooked. Without formalized policies, consistent training, and digital safeguards, sensitive information could be at risk.

Growing businesses also frequently collaborate with freelancers, contractors, and third-party vendors. Each new relationship introduces the potential for trade secret exposure. If NDAs aren’t airtight and trade secrets aren’t clearly defined and tracked, enforcement becomes extremely difficult.

Ludwig APC Can Help

Whether you’re drafting airtight NDAs, responding to a breach, or navigating complex litigation, the Ludwig APC team is here to protect your innovation and growth. Here are several best practices to consider.

Audit Your Trade Secrets

• Identify what qualifies as a trade secret in your organization.
• Classify and prioritize based on value and risk.

Strengthen NDAs and Confidentiality Agreements

• Make sure your NDAs spell out what counts as confidential, how that information should be marked or labeled, and when consent is needed to share it.
• Tailor agreements for remote work scenarios and third-party interactions.

Implement Digital Safeguards

• Use secure cloud platforms with access controls and encryption.
• Monitor data transfers and flag unusual activity.

Train Employees Regularly

• Educate staff on what constitutes a trade secret and how to handle it.
• Include remote work best practices and AI interaction guidelines.

Restrict AI Tool Usage

• Prohibit entering sensitive data into public AI platforms.
• Establish internal policies for AI use and prompt engineering.

Create a Response Plan

• Prepare for potential breaches with a legal and technical action plan.
• Include forensic investigation, notification protocols, and litigation strategy.

Let’s Work Together: Global Experience, Personal Focus

Ludwig APC can help you safeguard your trade secrets and proprietary information before they’re compromised. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.

Visuals are a powerful tool for content creators—but using stock photos without fully understanding licensing and intellectual property (“IP”) rights can lead to trouble. Whether you’re a blogger, marketer, web developer, or social media strategist, following best practices for sourcing images is essential. This includes knowing how to source images properly, keeping your workflow organized, and having a plan to respond if an infringement claim arises.

Should you have questions, suspect a potential infringement, or simply want to proactively avoid licensing missteps, working with an experienced IP law firm like Ludwig APC can help. We guide content creators and businesses through copyright complexities, helping them safeguard creative assets and protect their valuable brands.

Using Free Photos

Be aware: not all ‘free’ photos are truly free—unless you took them yourself. Here are some tips to help you source images while reducing the risk of copyright infringement.

Use Trusted Stock Photo Sites—Stick to reputable platforms like Unsplash, Pexels, Pixabay, and Freepik. These sites offer many royalty-free images with clear licensing terms.

Check the License Every Time—Even on free sites, some images have restrictions, such as “no commercial use,” “editorial use only,” or “attribution required.” Always read the license before downloading and using an image.

Avoid Google Image Search—Just because an image appears in search results doesn’t mean it’s free to use. On the contrary, most are copyrighted and require permission or payment.

Don’t Assume “Royalty-Free” Means Free of Charge—Royalty-free means you don’t pay ongoing fees, but you may still need to pay a one-time license fee. Again, read the licensing terms.

Use Creative Commons Carefully—Some Creative Commons licenses (CC is a nonprofit that provides free licenses for sharing and using creative works legally) allow free use, but others restrict commercial use or require attribution. Know the difference.

Ways to Track Licensing

When you’re producing frequent content, keeping track of image sources and licenses can sometimes be overwhelming. But a little structure goes a long way and can provide peace of mind should an infringement claim arise.

While several AI-powered tools are available for large-scale license management and monitoring, their relevance depends on your brand’s needs and the type of content you create. PicDefense.io’s blog on AI in image license verification explains how AI tools can be used to automate license checks, reduce copyright risk, and scale across large image libraries.

At a minimum, a simpler, in-house solution might look something like this.

Create and maintain a spreadsheet or database with:

• Image filename or thumbnail
• Source URL
• License type (commercial only, attribution required, etc.)
• Date downloaded
• Where it was used (company, platform, division, etc.)
• Additional notes on usage rights and restrictions

You might also consider downloading the license page or taking a screenshot of it to store with the image file.

If you collaborate with others, create a short internal guide, checklist, or policy to ensure everyone understands how to log image sources.

Last, but certainly not least, if you’re unsure about an image’s origin, tools like TinEye or Google Images can help you trace its source and licensing status.

If Someone Claims You’re Infringing

If you receive a copyright infringement notice, don’t panic—but don’t ignore it either.

Review the Claim Thoroughly—Check the image in question, where you sourced it, and what license you believe applied.

Remove the Image Immediately—Remove the image (and any variants) from your web site or content platform to avoid further liability.

Document Your Source—If you downloaded the image from a legitimate site, note the URL and license info. This can help prove good faith.

Don’t Respond Emotionally—Stay professional. A defensive or dismissive reply can escalate the situation.

Consult an IP Attorney—If the claim includes a demand for payment or legal action, get expert advice before responding.

Ludwig APC Can Help

Whether you’re trying to prevent issues or respond to one, a law firm like Ludwig APC, with expertise in intellectual property law, can be a powerful ally.

License Review & Guidance—We can help you understand image licenses and avoid risky usage.

Policy Creation—We can help you build internal guidelines for sourcing and using visual content safely.

Defense Against Claims—If you’re accused of infringement, we can negotiate, respond, or defend you legally.

Proactive Risk Management—We can help you audit your content and clean up any potential copyright issues before they become legal problems.

Education & Training—We can provide guidance and resources to help you and your team stay compliant and confident.

Let’s Work Together: Global Experience, Personal Focus

Stock photos are a powerful tool—but only when used responsibly. With the right sourcing habits, tracking systems, and legal support, you can focus on creating great content without fear of copyright drama. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.

Litigation—especially in the intellectual property and business sectors—can derail even the healthiest of companies. The mere threat of a lawsuit can stall deals, strain partnerships, and result in significant financial loss. Taking even a straightforward patent case to trial may require millions in legal fees, expert costs, and court expenses. In light of this, many forward-thinking businesses are turning to pre-litigation counseling as a first line of defense. It’s not just about avoiding litigation—it’s about navigating disputes from a place of clarity, control, and strategy.

Ludwig APC works closely with clients to assess each matter early on, helping weigh the true merits of pursuing litigation or resolving disputes through alternative channels—before costs spiral and scrutiny intensifies.

What Is Pre-Litigation Counseling?

Pre-litigation counseling refers to the legal guidance and strategic planning that occurs before a formal lawsuit is filed. It involves evaluating potential claims or defenses, gathering evidence, assessing risks, and exploring resolution options such as negotiation or mediation. The goal is to resolve disputes early without ever stepping into a courtroom, avoid escalation, or prepare for litigation from a position of strength.

Why Pre-Litigation Matters More Than Ever

Court Backlogs Are Slowing Justice

The COVID-19 pandemic left a lasting impact on the judicial system. Courts across the U.S. are still working through years of delayed cases, with some jurisdictions reporting backlogs that could take multiple years to clear. This congestion means litigation is not only slower but also more expensive and unpredictable than ever, leading to a potential erosion of public trust, increased legal costs, and strained relationships.

Early Risk Assessments Prevent Runaway Costs

Pre-litigation risk assessments allow companies to evaluate the merits of a potential dispute, estimate exposure, and determine the most cost-effective path forward. This includes analyzing contracts, identifying vulnerabilities, and calculating the financial impact of litigation versus settlement. This “early risk assessments” window is critical for gathering facts, calibrating risk tolerance, and exploring alternatives to litigation.

Business Benefits of Pre-Litigation Strategy

Cost Control

Litigation is notoriously expensive. From attorney fees to expert witnesses and document production, costs can spike quickly. Pre-litigation counseling helps avoid unnecessary expenses by resolving disputes early or narrowing the scope of litigation.

Strategic Positioning

By preparing early, companies can better shape the narrative, preserve evidence, and engage in meaningful settlement discussions. This proactive stance often leads to better outcomes—whether through favorable settlements or stronger litigation footing.

Relationship Preservation

Litigation can damage business relationships. Pre-litigation counseling encourages amicable resolution, preserving partnerships and reputations. This is especially valuable in industries where long-term collaboration is key.

Privacy and Control

Court proceedings are public. Pre-litigation efforts, including mediation and arbitration, offer confidentiality and greater control over outcomes. This protects sensitive information and reduces reputational risk.

Real-World Applications

Example: consider a tech company facing a potential IP infringement claim. Through pre-litigation counseling, they:

• Conduct a risk assessment of the alleged infringement.
• Review licensing agreements and prior art.
• Engage in early settlement talks with the claimant.
• Avoid a multi-year court battle, save millions in legal fees, and also avoid the public eye.

Example: a manufacturer is dealing with a breach of contract dispute. With early legal guidance, they:

• Identify weaknesses in the opposing party’s claim.
• Gather documentation to support their position.
• Negotiate a pre-litigation resolution that preserves the business relationship.

In both cases, early intervention makes all the difference.

How Ludwig APC Can Help

At Ludwig APC, we are experts in intellectual property matters and business litigation. We know that the best defense often starts before a lawsuit is even filed. Our pre-litigation counseling services include:

• Comprehensive risk assessments
• Strategic negotiation and settlement planning
• Evidence preservation and documentation
• Alternative dispute resolution guidance.

Let’s Work Together: Global Experience, Personal Focus

Whether you’re facing a potential IP dispute, contract conflict, or business tort, the Ludwig APC team helps you navigate the way forward with clarity and confidence. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.

Fueled by the explosive growth of social commerce and global e-commerce, brand counterfeiting has evolved into a sophisticated, borderless threat. Counterfeit goods are infiltrating legitimate markets at unprecedented rates—undermining brand trust, siphoning revenues, and exposing consumers to risk.

For companies serious about defending their intellectual property, basic brand protection is no longer enough. Ludwig APC works with clients to go beyond the basics so they can safeguard IP assets in today’s globalized economy.

The Global Surge in Counterfeiting

According to the Control Risks Group, counterfeit and pirated goods now account for up to 3.3% of global trade, with some estimates placing the economic impact as high as $1.79 trillion by 2030. The rise of e-commerce platforms such as Temu, TikTok Shop, and Shein has created fertile ground for counterfeiters who exploit fragmented supply chains and anonymous third-party seller models.

A recent Michigan State University global survey revealed that 74% of consumers worldwide purchased counterfeit goods online in the past year, with 39% of those purchases occurring via social media platforms such as Facebook and Instagram. This shift toward social commerce has made it easier than ever for counterfeiters to reach consumers directly—often bypassing traditional enforcement mechanisms.

The Cost of IP Theft

Customs data and enforcement reports paint a sobering picture. In 2023 alone, French customs seized over 20 million counterfeit items, double the previous year’s total. The U.S. Customs and Border Protection (CBP) maintains a robust IP enforcement program, but even with increased vigilance, IP theft continues to grow, impacting everything from luxury goods to pharmaceuticals.

The consequences of illicit goods for brands are severe:

• Revenue Loss: counterfeit goods divert sales from legitimate products, eroding market share.
• Brand Dilution: fake products tarnish brand reputation and consumer trust.
• Legal Exposure: IP theft can trigger costly litigation and regulatory scrutiny.
• Consumer Safety Risks: counterfeit electronics, cosmetics, and medications often fail safety standards compared to authentic brands.

As We See It: Advanced Brand Protection Strategies

Facing these challenges, Ludwig APC sees many companies adopting multi-layered brand protection strategies that integrate legal enforcement, digital oversight, and proactive risk controls.

IP Portfolio Management

Start with a comprehensive audit of your intellectual property assets—trademarks, copyrights, and patents. Ensure they’re registered in all relevant jurisdictions and recorded with customs agencies such as the CBP for border enforcement.

Digital Monitoring & Takedown Tools

Leverage AI-powered platforms to monitor online marketplaces, social media, and rogue websites for counterfeit listings. Services such as Red Points and Blackbird.AI offer real-time detection and automated takedown capabilities.

Customs Collaboration

Work directly with customs authorities to flag high-risk shipments. CBP’s e-Recordation Program allows rights holders to register trademarks and copyrights for enforcement at U.S. borders. Proactive engagement with customs can lead to faster seizures and deterrence.

Supply Chain Authentication

Implement anti-counterfeiting technologies such as RFID tags, holograms, and serialized QR codes to track products through the supply chain. Blockchain-based solutions are also gaining traction for ensuring product authenticity from manufacturer to consumer.

Legal Enforcement & Litigation

When prevention fails, swift legal action is essential. For example, Ludwig APC’s team is equipped to pursue counterfeiters through cease-and-desist letters, coordination with law enforcement, pre-litigation, and litigation—helping to ensure that infringers face meaningful consequences.

Real World Example: Fighting Counterfeits in the Fashion Industry

A luxury apparel brand noticed a surge in counterfeit listings on Instagram and TikTok. Through digital monitoring, they identified dozens of infringing sellers. As a result, they were able to:

• File Digital Millennium Copyright Act (DMCA) takedown requests across platforms
• Coordinate with CBP to intercept counterfeit shipments
• Initiate litigation against repeat offenders.

The result? A 60% reduction in counterfeit listings within three months and restored consumer confidence.

How Ludwig APC Can Help

Ludwig APC understands that brand protection is more than just trademark registration—it’s a strategic imperative. Our team combines decades of legal expertise with knowledge of cutting-edge enforcement tactics to help clients:

• Safeguard IP assets across jurisdictions
• Monitor and respond to digital threats
• Enforce rights through litigation and regulatory channels
• Preserve brand equity and consumer trust.

Let’s Work Together: Global Experience, Personal Focus

From startups launching a new product or global brands defending decades of goodwill, Ludwig APC helps clients navigate the way forward with clarity and confidence. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.