Trade Secret Bill Resolves 'Inevitable Disclosure' Controversy

Law360, New York (February 17, 2016, 10:43 AM EST) -- The Defend Trade Secrets Act (S.1890) would for the first time allow trade secret plaintiffs to file their cases directly in federal court. The proposed law was favorably reported out of the Senate Judiciary Committee on Jan. 28, but with an important amendment protecting the right of employees to change jobs. Specifically, the bill requires that there be evidence of threatened misappropriation to justify an injunction putting limits on what an ex-employee can do. Although some might see this as reinforcing some states' (particularly California's) rejection of the "inevitable disclosure doctrine," its practical effect instead should be to reframe the discussion...

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