The Scope Of 'Inevitable Disclosure' In Trade Secrets

Law360, New York (November 4, 2013, 1:01 PM EST) -- Can an employer enjoin an employee from moving to a competitor by claiming that the confidential nature of his or her position will result in the “inevitable disclosure” of trade secrets to the competitor, without proof of any wrongdoing by the employee? The U.S. District Court for the Southern District of New York recently has answered by ruling that an employer cannot validly assert a claim seeking to enjoin its employee from moving to a competitor solely based upon the hypothesis that there would be "inevitable...
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