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The "Inevitable Disclosure" Doctrine and the DTSA

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

How Will President's New Executive Order on Non-Compete Agreements Affect Employers?

President Joe Biden on July 9, 2021, issued a wide-ranging Executive Order intended to promote competition in the American economy. Among other things, it encourages the Federal Trade Commission (FTC) to ban or limit...more

Whether the “Economic Loss Rule” Applies To DTSA Claims

A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more

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