Getting To The Core Of Inevitable Disclosure

Law360, New York (January 21, 2009, 12:00 AM EST) -- A recent high-profile case invites review of the inevitable disclosure doctrine and the manner in which various courts have approached allegations of the inevitable use and disclosure of trade secrets.

The U.S. District Court for the Southern District of New York recently preliminarily enjoined a former IBM executive from taking a position with Apple. In its complaint, IBM alleged that the former IBM executive “as long as he is employed by Apple, will inevitably use and/or disclose IBM trade secrets for his own benefit and for...
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