When disclosure is 'inevitable,' liability is not; with the Uniform Trade Secret Act and in court, the inevitable disclosure theory loses ground

Article Abstract:

Some of trade secret litigation in the 1990s contains the very much contested issue of the availability of injunctions for inevitable disclosure of trade secrets. The Uniform Trade Secret Act does not speak of this theory but instead allows injunctions for threatened misappropriation. The cases of FMC Corp. v. Cyprus Foote Mineral Co., Pepsico Inc. v. Redmond and Campbell Soup Co. v. Giles all deal with this theory, but its approval by the US Court of Appeals for the 7th Circuit in the Pepsico case means the inevitable disclosure of trade secret doctrine will probably be become more popular in litigation.

United States, Laws, regulations and rules, Injunctions

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Getting around barriers to non-compete pacts: courts ask if there is inevitable disclosure of trade secrets when employees move to competitors

Article Abstract:

Companies are attempting to expand nondisclosure of trade secrets contracts into non-competition agreements through the inevitable disclosure theory which would prevent skilled technical employees from changing jobs. However, the courts and states who have adopting the Uniform Trade Secrets Act oppose the inevitable disclosure theory because it gives employers an unfair advantage over employees and undermines the balance between protecting secrets and supporting fair business competition.

Cases, Contracts, Non-competition agreements, Noncompete agreements

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Takeover battles now rage on the Internet; contests waged via the Web raise concerns about insurgents' duties

Article Abstract:

The Internet is quickly becoming a significant but problematic way to conduct shareholder battles and communicate between shareholders and management in all kinds of companies. It may end the annual meeting and it enables small groups of shareholders to take a larger role than was previously feasible. However, the combination of Sec 13(d) of the Williams Act with the proxy rules makes it possible to challenge a group that agrees over the Internet to vote its shares to a particular end.

Usage, Innovations, Internet, Tender offers (Securities), Tender offers, Stockholder meetings

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