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Inevitable Disclosure Doctrine Former Employee

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

Holland & Knight LLP on

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

Manatt, Phelps & Phillips, LLP

Third Circuit Reverses Injunction in Trade Secret Misappropriation Suit

The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court’s grant of a preliminary injunction halting competition by a company’s rival and two...more

Proskauer - Minding Your Business

Failing To Take Proper Precautions, Hooked Media Lets Trade Secret Misappropriation Claim Off the Hook

Late last year, a California appellate court reaffirmed longstanding principles that have important lessons for employers hoping to prevent their employees from taking trade secrets with them if they leave to work for a...more

Sheppard Mullin Richter & Hampton LLP

As A Reminder That California Has Rejected The Doctrine Of Inevitable Disclosure, Court of Appeal Rules Knowledge Of Former...

Grounded in California’s recognized hostility against restraints on competition, a recently published opinion from the California Court of Appeal, Hooked Media Grp., Inc. v. Apple Inc., held that to establish trade secret...more

Franczek P.C.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

Franczek P.C. on

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more

Holland & Knight LLP

Inevitable Disclosure: Recognition (or Lack Thereof) Under the Defend Trade Secrets Act

Holland & Knight LLP on

Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more

Mintz - Intellectual Property Viewpoints

The DTSA and Inevitable Disclosure

A recent decision in the Northern District of Illinois gave life to the inevitable disclosure doctrine under the Defend Trade Secrets Act. Inevitable disclosure is a common law doctrine by which a court can prevent a former...more

Fisher Phillips

Don’t “Hire” A Lawsuit: A New Employee’s Misappropriation of Trade Secrets May Quickly Become Your Own

Fisher Phillips on

Companies commonly assume that they will only be sued for trade secret misappropriation if they or someone from their company steal the “secret sauce” of their competitor. Not true. A far more common way that companies get...more

Holland & Knight LLP

Court Allows Trade-Secret Misappropriation Claim Based on Inevitable Disclosure

Holland & Knight LLP on

A recent decision by the U.S. District Court for the Northern District of Illinois allowed one company to sue its direct competitor for misappropriation of trade secrets based entirely on the improper taking of trade secrets...more

Bond Schoeneck & King PLLC

Adding Inevitability to the Often Disfavored Inevitable Disclosure Doctrine

In a prior blog post, we used the Star Wars Universe as the backdrop for a discussion about obtaining a preliminary injunction in the context of a noncompete agreement. But we left a discussion of the inevitable disclosure...more

Seyfarth Shaw LLP

“Reasonable Suspicion” of Trade Secret Misappropriation Isn’t Always Enough

Seyfarth Shaw LLP on

Though an employer may be eager to bring a trade secret claim against former employees as soon as possible, filing suit before properly vetting the claim can lead to serious consequences: a malicious prosecution case against...more

Brooks Pierce

Two Claims You May Not Want To Make In North Carolina

Brooks Pierce on

I said yesterday that there was too much in DSM Dyneema, LLC v. Thagard, 2015 NCBC 47 for just one post, so here are the rest of the key points from the case. They involve two claims you might not want to bother to make in...more

Parker Poe Adams & Bernstein LLP

Has the "Inevitable Disclosure" Doctrine Found a Foothold in North Carolina?

Twenty years ago, the Seventh Circuit Court of Appeals in PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995) advanced the “inevitable disclosure” doctrine in trade secret misappropriation cases. The doctrine essentially...more

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