The Inevitable Disclosure Doctrine

The Inevitable Disclosure Doctrine may at first sound like an indecipherable philosophical legalese run-on sentence.

Therefore, we present to you the following close-to-home-hypothetical situation (any resemblance to actual people or events is entirely coincidental).

If Cal Ripken Jr. were to, perish the thought, become a consultant for a Major League Baseball Club other than the Orioles, I surmise that Cal's new employer would hope to gain insights into the Orioles' inner strategies.

Even if we were to believe that Cal, "in good faith" would not intentionally reveal any of the Orioles' secrets, alas, some jurisdictions subscribe to "The Inevitable Disclosure Doctrine" which presumes that Cal will "inevitably disclose" his knowledge of (his former employer's) secrets or confidential information.

Yet, there is hope for Cal, because the Maryland Courts do not subscribe to "The Inevitable Disclosure Doctrine."

But wait:

If I am a Maryland Employer, does that mean that an employee of mine, who is privy to my company's trade secrets or confidential information, who leaves me to work for a competitor - - - can reveal all of my company's trade secrets and confidential information to my competitor???

Yes.

Unless the employee signs a non-compete and/or confidentiality agreement with your company.

Contact the experienced Employment Lawyers at Luchansky Law to assist with you with drafting non-compete and confidentiality agreements today.

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