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Simple English definitions for legal terms

inevitable-disclosure doctrine

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A quick definition of inevitable-disclosure doctrine:

The inevitable-disclosure doctrine is a legal theory that says if an employee who knows a company's trade secrets goes to work for a competitor, they will inevitably use that knowledge to compete unfairly. To stop this from happening, the former employer can ask for an injunction to prevent the employee from working for the competitor. However, many courts have rejected this doctrine because it turns a nondisclosure agreement into a noncompetition agreement. The leading case that supports this doctrine is PepsiCo, Inc. v. Redmond, where the court compared the situation to a coach whose player left with the playbook to join the opposing team before a big game.

A more thorough explanation:

The inevitable-disclosure doctrine is a legal theory that applies to trade secrets. It states that if a key employee leaves a company and joins a competitor, they cannot avoid using the former employer's trade secrets. This is because the employee has confidential information that they will inevitably use to unfairly compete against their former employer.

To obtain an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the plaintiff. However, most courts have rejected this doctrine because it effectively turns a nondisclosure agreement into a disfavored noncompetition agreement.

For example, in the case of PepsiCo, Inc. v. Redmond, the court upheld the inevitable-disclosure doctrine. PepsiCo found itself in the position of a coach, one of whose players has left, playbook in hand, to join the opposing team before the big game. The court ruled that Redmond, the former employee, had access to confidential information that he would inevitably use to compete against PepsiCo.

Another example is a software engineer who leaves a tech company and joins a competitor. If the engineer has access to the former employer's trade secrets, they may inevitably use that knowledge to develop similar products for the competitor, which would be unfair competition.

inevitable-accident doctrine | inevitable-misappropriation doctrine

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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