Peter Altieri Quoted in Article, “5 Tips for Employers Using ‘Inevitable Disclosure’ Doctrine”

Law360

Peter Altieri, a Member of the Firm in the Litigation and Labor and Employment practices, in the New York office, was quoted in an article titled "5 Tips for Employers Using 'Inevitable Disclosure' Doctrine." (Read the full version - subscription required.)

Following is an excerpt:

A New York federal judge last month shot down a bid by high-end furnishings company Janus et Cie to use the controversial doctrine of "inevitable disclosure" to block an employee from jumping ship to a rival firm. The case was a good example of how not to do so. ?...

Still, the doctrine can be an important tool for an employer seeking to protect valuable trade secrets from being leaked to a rival. Law360 polled a few trade secrets experts on what employers need to keep in mind to use inevitable disclosure — while avoiding an ultimately fruitless lawsuit like Janus's. ?...

"Where these cases are going to turn is whether this person was a 'good leaver or bad leaver,'" said Peter L. Altieri, naming examples like evidence of mass emailing or transferring of files onto external hard drives, or dishonesty during exit interviews.

"You're more likely to get a judge to apply inevitable disclosure where it's clear that you can't trust them." ?...

"If you haven't protected the information, shame on you," Altieri said. "You can't try to create a noncompete out of a weak policy." ?...

"It's much better to be able point to the direct breach of contract than to the theoretical inevitable disclosure," Altieri said.