This doctrine is perhaps best described by Clifford C. Histed and Gina A. Jenero of K&L Gates:
"In a civil action for trade secret misappropriation under state law, some jurisdictions permit employers to rely on the 'inevitable disclosure doctrine' to prove a competitor’s acquisition or use of an allegedly misappropriated trade secret. The doctrine allows a plaintiff to 'prove a claim of trade secret misappropriation by demonstrating that the defendant’s new employment will inevitably lead him to rely on the plaintiff’s trade secrets.' In making this determination, courts consider whether: (1) the plaintiff and defendant’s new company are direct competitors; (2) the employee’s new position is comparable to his or her former position; and (3) the new employer has taken any action to prevent the former employee from using or disclosing trade secrets. Such considerations may enable a plaintiff to meet its pleading requirement in some circumstances."
"In a civil action for trade secret misappropriation under state law, some jurisdictions permit employers to rely on the 'inevitable disclosure doctrine' to prove a competitor’s acquisition or use of an allegedly misappropriated trade secret. The doctrine allows a plaintiff to 'prove a claim of trade secret misappropriation by demonstrating that the defendant’s new employment will inevitably lead him to rely on the plaintiff’s trade secrets.' In making this determination, courts consider whether: (1) the plaintiff and defendant’s new company are direct competitors; (2) the employee’s new position is comparable to his or her former position; and (3) the new employer has taken any action to prevent the former employee from using or disclosing trade secrets. Such considerations may enable a plaintiff to meet its pleading requirement in some circumstances."
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