Defining Outer Limits Of Unfair Competition Doctrine

Law360, New York (September 22, 2009, 12:20 PM EDT) -- An interesting question that courts have yet to resolve is whether the misappropriation of confidential information that does not qualify as a trade secret may nevertheless be actionable under unfair competition law.

Courts have articulated two competing positions. One view holds that unfair competition doctrine offers no reprieve to a company that fails to zealously guard its confidential information as trade secrets.[1]

Generally, that means a company must keep its confidential information under “lock and key” and disclose it to employees on a “need-to-know” basis and...
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