Sharing Pricing with Customers Undercuts Trade Secret Claim

In Southwest Stainless, the U.S. Court of Appeals for the Tenth Circuit held that although pricing generally may be protectable, a court needs look at the specific pricing at issue in the case to determine whether the company protected that pricing. Ultimately, the Court in Southwest Stainless held that sharing pricing with a customer, without restriction, removes any claim of confidentiality that may have existed.

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Inevitable Disclosure: An Introduction to the Invisible Non-Compete

The doctrine of inevitable disclosure represents another phase in the evolution of the common law’s permissive attitude toward covenants not to compete, since the doctrine permits a court to prohibit an employee from competing with his former employer even in the absence of any contract.

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