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Protecting Trade Secrets: The Inevitable Disclosure Doctrine
April 01, 2003
When a former executive accepts a position with a competitor, how does the original company protect its trade secrets? One method is to invoke the doctrine of inevitable disclosure, which prohibits a former executive from competing when he or she cannot help but disclose or use the former employer's trade secrets to do so. Divulging these secrets, of course, would be in violation of the executive's continuing fiduciary duty to his or her former employer.
A Word to the Wise
April 01, 2003
Management counsel has become quite predictable when asked by a client: "Can we give a job reference for a former employee?
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