Inevitable Disclosure Doctrine Hits A Wall In New York

In many jobs, employees absorb trade secrets as the inevitable result of doing the work. Thus, the inevitable disclosure doctrine, which can allow a court to issue a preliminary injunction prohibiting a former employee from going to work for a competitor based on the prediction of future trade secret misappropriation. New York in theory recognizes that doctrine, but according to a Wilson Sonsini client alert, the decision in a recent case is indicative of the fact that in practice the doctrine is regarded with some hostility. New York is among a number of states, most notably California, where it is either rejected or viewed skeptically.