Dozens of former Apple employees now working at OpenAI have been put on notice after Apple reportedly sent legal letters ordering them to preserve documents and communications relevant to its trade secrets lawsuit against OpenAI. 

The Financial Times reports that “around 40” employees have been targeted with these letters, which repeat Apple’s claim that its confidential information might have been exfiltrated, alleging “trade secret misappropriation and breach of contract.”  The letters also require them to arrange to meet with Apple’s lawyers.

The underlying lawsuit

This comes on the heels of Apple’s explosive lawsuit against OpenAI in which Apple accused the AI company (and former Apple Vice President Tang Tan) of extensive coordinated data theft. Tan was at Apple for 24 years and is now Chief Hardware Officer at OpenAI. 

Apple’s lawsuit is defined by claims OpenAI took a range of steps to pry confidential Apple data from existing Apple employees, including using information such as internal project code names, to gain even more knowledge during interviews. The company says the evidence it has presented so far is only the “tip of the iceberg” concerning OpenAI’s approach.

The lawsuit requests that OpenAI be prevented from using any Apple information during the development of its hardware. Apple is also seeking damages and suing two former employees for breach of contract for violating their employment agreements.

The letters are significant. They represent formal directives that require former Apple staff to preserve documents, messages, emails, and other communications that could be relevant to the case. The demand reflects Apple’s belief that the alleged misuse of confidential information could be more widespread across the competing company. What’s critical is that orders of this kind override any standard data destruction policy and deletion of the requested information becomes a legal offense.