Jottings By An Employer's Lawyer

Wednesday, January 22, 2003

Home of Inevitable Disclosure Backs Off

Going on memory, which is often a dangerous thing, I believe NY was where the doctrine of inevitable disclosure was born. If not some sharp reader will surely add a comment. Inevitable disclosure works as a short cut for employers wanting to prevent a former employee from competing. If the position is similar enough to the former job, the doctrine is based on the inference that the employee would necessarily use protected information in the new position. In any event, an appeals court in the Empire state, has taken a step back from the use of that doctrine. You can read about it here in

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