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The Sound of Inevitability: the Doctrine of Inevitable Disclosure of Trade Secrets Comes to Texas
It happens all the time. A promising new employee joins a company, eager to beginand do well. The company, in its own procedural excitement, gets right down to business byincorporating the new employee into the workplace and fails to secure an agreement from theemployee not to compete with the company and not to disclose sensitive information. Thecompany trains the employee on its own unique procedures, teaches him the tricks of the trade,and shares sensitive client and product information. Eventually, the employee leaves. Withouta confidentiality agreement or covenant-not-to-compete, the question becomes to what extentare the employer’s rights and information protected when compared to the employee’s right toseek employment involving the skills he has acquired? Enter the Doctrine of Inevitable Disclosure.