It's sort of the other side of that coin. There was a case where a company did it like this:

https://en.wikipedia.org/wiki/Clean-room_design

The courts said that was fine, and whenever that happens, lawyers are going to tell people to do it exactly like that since it's a known-good way to do it, whereas some other way is maybe and who wants a maybe if you have the option to lockstep the process that was previously approved?

Of course, if you do it a different way and then that gets approved, things change. But only after somebody actually goes to court over it, which generally nobody enjoys, not least because the outcome is uncertain.