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Question: Morales owns a bakery that makes and


Morales owns a bakery that makes and sells the popular “Morales Chocolate Chip Cookie” nationally to gourmet stores. The recipe for the cookie is a closely held trade secret and has never been published. Morales hires Ng as a production manager and has Ng sign an employment agreement. The agreement specifies that Ng “will not disclose any of the recipe or ingredients for the Morales Chocolate Chip Cookie to any person or entity at any time, now or in the future.” In addition, the agreement specifies that if Ng leaves Morales’ employment, Ng “will not be employed by, own or operate a bakery for a period of 3 years anywhere in the United States.”
a. May Ng argue that the restrictive covenant not to disclose trade secrets is unenforceable?
b. Does Morale need to have the restriction on disclosure in order to protect the trade secret?
c. May Ng argue that the restrictive covenant not to compete is unenforceable?

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