Maryland Complaint regarding Misappropriation by Former Employee and Prospective Purchaser
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How to fill out Complaint Regarding Misappropriation By Former Employee And Prospective Purchaser?
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Texas courts differ on whether to apply the doctrine. A number of Texas courts have expressly rejected the ?inevitable disclosure? doctrine as an improper means of imposing non-compete-like obligations where only confidentiality obligations truly exist.
The inevitable disclosure doctrine allows a plaintiff to ?prove a claim of trade secret misappropriation by demonstrating that defendant's new employment will inevitably lead him to rely on the plaintiff's trade secrets.? PepsiCo, Inc. v. Redmond, 54 F. 3d 1262, 1269 (7th Cir. 1995).
It concluded that five states appear to have rejected the doctrine: California, Colorado, Louisiana, Maryland and Virginia. The other 28 states have not yet taken a position on the doctrine.
The doctrine proposes that an employee ?may be enjoined by demonstrating that the employee's new job duties will inevitably cause the employee to rely upon knowledge of the former employer's trade secrets.?
Delaware courts do recognize the inevitable disclosure doctrine. ?A court may limit a defendant from working in a particular field if his doing so poses a substantial risk of the inevitable disclosure of trade secrets.? W.L. Gore & Associates, Inc. v. Wu, 2006 WL 2692584, at *17 (Del.
