Inevitable Disclosure

	Inevitable Disclosure Inevitable disclosure is a legal doctrine through which an employer can claim trade secret to enjoin a former employee from working in a job that may result in the use of trade secrets without the need for proof or evidence. The inevitable-disclosure doctrine is one's means in demonstrating a revelation of trade secrets, and some have recently found some renewed judicial support. Where it is acceptable, the doctrine allows the court to find that a former employee would disclose proprietary information in their position with a new employer, even if there is no evidence of actual disclosure. Thus, allowing a company to make a critical showing, when it can't do so if required to come forward with evidence of misconduct. However, because it also rests on a prediction about a future harm, inevitable disclosure also is in tension with the general principle that injunctive relief will not be given to prevent a conjectural injury at any means. External links Inevitable Disclosure of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Legal Doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	Trade Secret A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for KFC Original Recipe, Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, Non-disclosure agreement, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret Misappropriation of assets, misappropriation happens, the trade secret holder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Enjoin An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	Intellectual Property Law Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Trade Secrets A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret misappropriation happens, the trade secret holder can seek various legal remedies. Definition The precise definition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]