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.
Johanna L. Edelstein,
Intellectual Slavery?: The Doctrine of Inevitable Disclosure of Trade Secrets, 26 Golden Gate U. L. Rev.