Under the inevitable disclosure theory, a court may prohibit an employee from working for a former employer's competitor, if the employer can show that there is imminent threat that a trade secret will be shared and
I. the employee's knowledge is exceptionally specialized and technical.
II. the employee has intent to disclose the secret.
III. the trade secret would give the former employer's competitor a significant advantage in the market.

Question

Quizplus · Accepted Answer

Under the inevitable disclosure theory, the focus is on the risk of disclosure due to the employee's specialized knowledge and the competitive advantage the trade secret provides, not necessarily the employee's intent to disclose.

Under the Inevitable Disclosure Theory, a Court May Prohibit an Employee