Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Inevitable Disclosure Need Not Be Inevitable
There is something in the doctrine of inevitable disclosure that sets the heart to fluttering and the blood to boil. The former for those suing disreputable employees who want to advance themselves by peddling to their new boss their former boss's trade secrets. The latter for those representing honest employees who believe they ought to be able to change jobs without checking their years of accumulated know-how at the door on their way out. Both have legitimate concerns.
The doctrine of inevitable disclosure is a crucial tool to protect companies from perfidious former employees and is no threat to the honest ones ' if properly applied. The Third Circuit's recent decision in Bimbo Bakeries USA, Inc. v. Botticella, 2010 WL 2902729 (July 27, 2010), is a good illustration of this. But by studiously avoiding the word “inevitable” in its formulation of the basic legal principles, and stating that only “substantial likelihood” is required for the former employer to prevail, it muddied the analysis. What really matters in such cases is not the degree of probability, but rather the predictability of unauthorized use of trade secrets based on the pre-termination conduct of the departing employee.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."