Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Inevitable Disclosure Need Not Be Inevitable
There is something in the doctrine of inevitable disclosure that sets the heart to fluttering and the blood to boil. The former for those suing disreputable employees who want to advance themselves by peddling to their new boss their former boss's trade secrets. The latter for those representing honest employees who believe they ought to be able to change jobs without checking their years of accumulated know-how at the door on their way out. Both have legitimate concerns.
The doctrine of inevitable disclosure is a crucial tool to protect companies from perfidious former employees and is no threat to the honest ones ' if properly applied. The Third Circuit's recent decision in Bimbo Bakeries USA, Inc. v. Botticella, 2010 WL 2902729 (July 27, 2010), is a good illustration of this. But by studiously avoiding the word “inevitable” in its formulation of the basic legal principles, and stating that only “substantial likelihood” is required for the former employer to prevail, it muddied the analysis. What really matters in such cases is not the degree of probability, but rather the predictability of unauthorized use of trade secrets based on the pre-termination conduct of the departing employee.
Bimbo Bakeries USA, Inc. v. Botticella
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.