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Apple Targets 40 Former Employees at OpenAI With Document Preservation Letters in Trade Secrets Dispute

Martin HollowayPublished 2w ago4 min readBased on 8 sources
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Apple Targets 40 Former Employees at OpenAI With Document Preservation Letters in Trade Secrets Dispute

Apple has sent legal letters to approximately 40 former Apple employees now working at OpenAI, directing them to preserve documents and communications related to an ongoing trade secrets dispute between the two companies (Financial Times).

The letters, reported on July 17, 2026, escalate a lawsuit Apple filed one week earlier. On July 10, Apple sued OpenAI in the Northern District of California federal court, alleging that former Apple employees took proprietary product designs, supplier information, and other trade secrets after leaving Apple to join OpenAI (CNBC; MacRumors). The lawsuit names two OpenAI employees as defendants alongside OpenAI itself (Financial Times).

Apple's complaint goes beyond the claim that departing employees carried confidential information out the door. Apple alleges that OpenAI actively coached departing Apple employees in how to evade Apple's security processes when leaving the iPhone maker (CNBC). Apple has also requested an injunction requiring OpenAI to cease using any Apple information during the development of OpenAI's AI hardware device (MacRumors).

OpenAI has dismissed the lawsuit as meritless (MacRumors). According to The New York Times, OpenAI had been considering legal action against Apple as of May 14, 2026, weeks before Apple filed its own suit (New York Times).

The scale of talent movement between the two companies frames the dispute. More than 400 former Apple employees now work for OpenAI (Reuters). The 40 individuals who received preservation letters represent roughly ten percent of that cohort, suggesting Apple is casting a wide net in its evidence-gathering phase rather than focusing narrowly on the two named defendants.

Apple has not issued any public statement through its official newsroom regarding the legal action against OpenAI or its employees. OpenAI's public response has been limited to characterizing the suit as without merit.

The preservation letters are a standard litigation step, but their breadth matters. Document preservation obligations, once triggered, bind recipients to retain all relevant materials, including emails, messages, internal memos, and design files. Failure to comply can expose individuals to sanctions or adverse inferences in court. By issuing these letters to 40 people simultaneously, Apple is maximizing the evidentiary surface area before any protective order or discovery scope agreement can narrow it.

The injunction request targeting OpenAI's AI hardware device development is the most consequential element of the complaint. If granted, even temporarily, it could force OpenAI to segregate or halt work streams that touch any code, design document, or supplier relationship traceable to Apple. Proving that Apple-derived information has actually entered OpenAI's hardware pipeline is a higher bar than alleging it, but the injunction itself functions as a litigation lever, forcing OpenAI to demonstrate clean-room separation or risk operational disruption.

The allegation that OpenAI coached employees to circumvent Apple's departure security protocols, if substantiated, would distinguish this case from ordinary employee mobility disputes. Trade secret claims against individual hires are common in the Valley; claims that a competitor systematically instructed hires to defeat the source company's data-loss-prevention controls are far less common and, if proven, would carry heavier legal exposure for OpenAI as an organization rather than just its individual employees.

For the broader industry, the dispute lands at an intersection that has been building tension for some time: AI companies aggressively recruiting hardware and silicon talent from established consumer-electronics manufacturers, and those manufacturers treating their proprietary design and supplier ecosystems as defendable intellectual property. The 400-plus Apple-to-OpenAI talent pipeline is not unique in direction, only in volume and visibility. What remains unresolved is whether the legal system will treat the movement of people and the movement of proprietary information as separable, or whether the sheer density of the talent transfer will be treated as evidence in itself.

Apple filed on July 10. OpenAI called the suit meritless. The preservation letters went out to 40 people on or before July 17. The Northern District of California will now determine whether the dispute escalates from allegation to injunction.