this post was submitted on 09 Jul 2026
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It has to be a specific trade secret AND cause actual damages.
If you leaked the secret recipe to coca cola and now competitors don't just make cokealikes, but literal coke for half the price, you get nuked from orbit.
If I help a company develop machine learning I can talk about my implementation, the problems I solved, how I did it, what design decisions I made .etc because all of that is reasonable to an experienced software engineer. If I had some novel idea nobody else had that company would have patented it, or specifically named it as a trade secret and not just "it's all a trade secret plz don't talk or we SLAPP you with a dumb lawsuit"
They're up against the constitution's 1st amendment in the US. In my home country of Canada we have the same or stronger protections for workers. My second example literally happened to me. I was on a ML project and signed an NDA and the only thing that NDA and a non-compete and all that really covers is me giving info to competitors while I worked there basically... Once I no longer work for them it's an uphill battle to even prove the basis of a lawsuit to go after me for the NDA or NC.