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Simple English definitions for legal terms

inevitable-misappropriation doctrine

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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

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18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
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