Trade-secret law cheat sheet

Inevitable-disclosure doctrine

The inevitable-disclosure doctrine — not at all universally accepted by courts — is sometimes called a back-door noncompetition covenant. It holds that a former employee can be enjoined from working for a new employer if the new job will inevitably entail using or disclosing the former employer’s trade secrets.

Reading material:

• Roberta F. Howell, Inevitable Disclosure Doctrine: A Noncompete Agreement Without The Agreement, in Trade Secret / Noncompete Blog (Aug. 10, 2009; accessed 2010-05-03).
• Fenwick & West, The Inevitable Disclosure Doctrine Lives On (spring 2010; accessed 2010-05-03): This memo summarizes a federal district court case from Pennsylvania, No. 10-0194Bimbo Bakeries USA, Inc. v. Botticella,No. 10-0194 (E.D. Pa. Feb. 9, 2010) (granting preliminary injunction against former employee).