Whyte v. Schlage Lock Company

Opinion

FYBEL, J.

The doctrine of inevitable disclosure permits a trade secret owner to prevent a former employee from working for a competitor despite the owner’s failure to prove the employee has taken or threatens to use trade secrets. Under that doctrine, the employee may be enjoined by demonstrating the employee’s new job duties will inevitably cause the employee to rely upon knowledge of the former employer’s trade secrets. No published California decision has accepted or rejected the inevitable disclosure doctrine.

In this opinion, we reject the inevitable disclosure doctrine. We hold…