Doctrine of Inevitable Disclosure

The Doctrine of Inevitable Disclosure is a legal doctrine through which an employer may enjoin a former employee from taking a position with a competitor in order to protect the employer’s trade secrets.  There is an underlying assumption that the former employee will be unable to perform his duties without using the trade secrets.  The doctrine considers the competitive nature of, and the similarities in, the former employee’s position.  Virginia has rejected the doctrine (see Government Technology Services Inc v IntelliSys Technology Corp et al, 51 Va Cir 55 (1999)).

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