10-10 PRELIMINARY INJUNCTIONS

• Jurisdiction: United States

10-10 Preliminary Injunctions

In the preliminary injunction context, courts addressing the DTSA have enjoined defendants from accessing or using the alleged trade secret but, consistent with the DTSA's restrictions, have shown an increased willingness to deny an injunction that would prohibit the defendants from lawfully engaging in their trade.⁵¹ In a separate case, another court considered the degree to which the injunction would restrict the plaintiff's rights and permitted a preliminary injunction prohibiting access or use of the trade secrets based on the non-disclosure and non-compete agreements.⁵²

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Notes:

^[51] In Henry Schein, see supra § 10-9 "Temporary Restraining Order", , the court granted a preliminary injunction in part, prohibiting the defendant from "accessing or otherwise using the alleged trade secrets that she e-mailed to herself and downloaded", but it refused to prohibit the defendant from "contacting or doing business with former or current []...