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The doctrine of threatened misappropriation arises from the presumption that an employee hired to perform the same duties for his new employer will inevitably use his old employer's trade secrets in his new position. Under this doctrine, a court may enter a preliminary injunction preventing the employee from working for a competitor, even though no actual use or disclosure of trade secrets has occurred.
March 22, 2001 at 12:00 AM
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The original version of this story was published on Law.Com
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