An outside lawyer for Apple mixed up two OpenAI employees in February correspondence over suspected trade-secret theft, according to emails reviewed by NBC News. Those emails show OpenAI replied to Apple's initial outreach, even though Apple's July complaint says the company "never responded." Apple filed the federal complaint on July 10, 2026, seeking damages and orders barring the defendants from possessing, using or disclosing its alleged trade secrets. The exchange documents an initial response without showing whether OpenAI addressed Apple's substantive concern.

Key Takeaways

AI-generated summary, reviewed by an editor. More on our AI guidelines.

The February exchange

NBC News reported that the correspondence stalled and, according to OpenAI, stopped abruptly after Apple's counsel confused the names and email addresses of employees whose surnames were Wang and Chang. The emails directly dispute the complaint's statement that OpenAI never responded in February.

Apple's July 10 complaint

The filing separately alleges that Chang Liu accessed files, Tang Yew Tan used interviews to solicit confidential details and OpenAI approached Apple suppliers. The 41-page complaint, filed in the U.S. District Court for the Northern District of California in San Jose, names OpenAI, io Products, Liu and Tan as defendants. Apple accused Liu, a former senior system electrical engineer who had spent more than eight years at Apple, of retaining an Apple-issued laptop after joining OpenAI in January.

According to the complaint, Liu discovered on February 9 that an authentication bug then unknown to Apple still allowed him into Apple's shared network folders. The document says he downloaded dozens of confidential hardware files while working for OpenAI, including a collection exceeding 1,000 pages. It quotes Liu telling an Apple employee, "LOL, I found out I can access the [network storage], so funny." According to Apple, server logs showed that the few other users affected by the bug did not appear to access or steal confidential information.

The complaint also accuses Tan, its former vice president of product design for the iPhone and Apple Watch, of using internal project names during interviews and asking candidates to bring "actual parts" for "show and tell" sessions. Tan spent about 24 years at Apple before becoming OpenAI's chief hardware officer. The complaint says more than 400 former Apple employees now work at OpenAI, using that figure to describe hiring scale while identifying alleged conduct by Liu and Tan.

Four federal trade-secret claims

Apple brought four claims under the Defend Trade Secrets Act and two breach-of-contract claims. Patricia Lantzy, an attorney who leads Outside General Counsel's employment practice, told Business Insider that Apple must establish that the information was secret, that it took precautions to protect it and that the defendants intentionally obtained it through improper means.

Lantzy said California law generally protects OpenAI's recruitment of Apple employees, although instructions to bring confidential information would be "problematic." She described evidence that OpenAI used the information as difficult to prove at this stage and cautioned that the public record contains Apple's account before the defendants have answered.

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The complaint seeks preliminary and permanent injunctions, preservation of electronic evidence, return of Apple's information, damages and a jury trial. Apple says discovery will expose broader conduct, a claim that has yet to be tested in court.

OpenAI's answer and discovery

OpenAI responded in a statement reported by Bloomberg: "While we take these allegations seriously, we're not aware of any evidence that this complaint has merit." The company also invoked fair competition and workers' freedom to change jobs.

Alex Terepka, a founding partner of Watstein Terepka LLP, told The Verge he believed Apple's pleading would survive a motion to dismiss and lead to extensive discovery. The defendants have yet to file formal responses, and the court has issued no substantive ruling on Apple's allegations.

Frequently Asked Questions

What did Apple's lawyer mix up?

Emails reviewed by NBC News show Apple's outside counsel confused the names and email addresses of two OpenAI employees whose surnames were Wang and Chang during February correspondence.

What does Apple accuse Chang Liu of taking?

Apple alleges Liu used an authentication bug after joining OpenAI to access shared network folders and download dozens of confidential hardware files, including a collection exceeding 1,000 pages.

What does the complaint allege about Tang Tan?

Apple alleges its former product-design vice president used internal project names during interviews and asked candidates to bring actual Apple parts for show-and-tell sessions at OpenAI.

Does the email mix-up disprove the trade-secret case?

No. The emails contradict the complaint's statement that OpenAI never responded in February, but they do not resolve Apple's separate allegations about files, interviews or suppliers.

What happens next in Apple v. OpenAI?

The defendants must file formal responses. A judge could then consider dismissal arguments before discovery. As of the source reports, the court had issued no substantive ruling on Apple's allegations.

AI-generated summary, reviewed by an editor. More on our AI guidelines.

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Editor-in-Chief and founder of Implicator.ai. Former ARD correspondent and senior broadcast journalist with 10+ years covering tech. Writes daily briefings on policy and market developments. Based in San Francisco. E-mail: editor@implicator.ai