If your company illegally treads on my IP, I don't care if your employees used LLM's or not; I will sue. By the way, I don't have to win a lawsuit to get some justice; I'll make discovery hurt. So if OpenAI stole my IP and used it for training (which they probably did, illegally IMO), I guess you're taking that risk if you let your employees use their LLM's.
In the US the saying is "This case will come down to who has the last dime and it won't be you".
> By the way, I don't have to win a lawsuit to get some justice; I'll make discovery hurt.
Even for discovery a common tactic deployed for discovery is to "bury" the other party in discovery materials to the point where they will incur substantial costs just to parse the absurd mountains of materials they send you. Another "bleed you out" strategy.