Law360 (January 8, 2021, 4:22 PM EST) — Twenty-five years ago, the U.S. Court of Appeals for the Seventh Circuit issued what many at the time perceived as a landmark decision, PepsiCo Inc. v. Redmond, in which the court applied the concept of inevitable disclosure of trade secrets to affirm an injunction prohibiting a senior executive from taking a similar position at a direct competitor.
The decision did not invent the phrase or concept of inevitable disclosure as a theory of trade secret liability. But the publicity given to the decision led many to think that the doctrine of inevitable disclosure could be an alternative to, or backstop for,…
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