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Letter to the Editor

Jan. 7, 2014

Misappropriation an imperfect substitute for noncompetes

Re: "Secrets Are the New Noncompetes," Dec. 27. By Anthony J. Oncidi

LETTERS TO THE EDITOR COLUMN

While it is true that a legitimate trade secret claim can serve as a backdoor noncompete (because it can put the departing employee out of business or at least on ice for a period of time), this strategy should not be employed lightly. ["Secrets Are the New Noncompetes," Dec. 27, 2013]. The Uniform Trade Secrets Act has a prevailing party attorney fees provision (Cal. Civ. Code Section 3426.4), which courts have not hesitated t...

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