Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

inevitable-misappropriation doctrine

Read a random definition: exigendary

A quick definition of inevitable-misappropriation doctrine:

The inevitable-misappropriation doctrine is a legal theory that states that a former employee, who has access to confidential information, cannot avoid using that knowledge to unfairly compete against their former employer once they are hired by a competitor. This doctrine is controversial and most courts have rejected it because it turns a nondisclosure agreement into a noncompetition agreement. The leading case upholding the 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 the big game.

A more thorough explanation:

The inevitable-misappropriation doctrine is a legal theory that states that a former employee, who has confidential information, cannot avoid using that knowledge to unfairly compete against their former employer once they are hired by a competitor. This doctrine is often used in trade secret cases to justify an injunction against the former employee.

For example, if an employee who has access to a company's trade secrets is hired by a competitor, the former employer may seek an injunction to prevent the employee from using that knowledge to compete unfairly. The former employer would need to prove that the employee has confidential information and that it is inevitable that the employee will use that information to compete unfairly.

However, most courts have rejected this doctrine because it effectively turns a nondisclosure agreement into a noncompetition agreement. The leading case upholding the doctrine is PepsiCo, Inc. v. Redmond, where the court compared the situation to a coach whose player has left with the playbook to join the opposing team before the big game.

Overall, the inevitable-misappropriation doctrine is a controversial legal theory that is rarely used in practice.

inevitable-disclosure doctrine | in excambio

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.