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Golden Gate University Law Review

Trade secrets

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Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy Oct 2010

Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy

Golden Gate University Law Review

Part I of this Comment provides a brief description of various provisions of California's trade secret law, the Uniform Trade Secrets Act ("UTSA"). Part II analyzes the various categories of trade secret users who may become liable for unauthorized publication of a trade secret. Part ill examines the distinct approaches of the United States Supreme Court and the California Supreme Court in granting preliminary injunctions against third party publication of confidential information. Part IV identifies the features of a newsworthy- public-concern exception to the grant of preliminary injunctions against third party publishers in trade secret cases. Part V provides justification …


Intellectual Slavery?: The Doctrine Of Inevitable Disclosure Of Trade Secrets, Johanna L. Edelstein Sep 2010

Intellectual Slavery?: The Doctrine Of Inevitable Disclosure Of Trade Secrets, Johanna L. Edelstein

Golden Gate University Law Review

This note will discuss the Seventh Circuit's analysis and the potential impact of the PepsiCo decision. The author will ultimately conclude that application of the inevitable disclosure theory in actions to prevent employers from working for competitors creates a substantial risk for employees, impedes their mobility, limits their options and strips them of their bargaining power. Additionally, this note will argue that general acceptance of the inevitable disclosure theory could have a serious impact on a wide range of industries, stifling the dissemination of general technical knowledge and economic growth.