Reading ComprehensionDifficulty: Hard

PT126 S2 P1 Q2 Explanation

Trade Secrets

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsAdd to the PassageLaw

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Passage

Often when a highly skilled and experienced employee leaves one company to work for another, there is the potential for a transfer of sensitive information between competitors. Two basic principles in such cases appear irreconcilable: the right of the company to its intellectual property—its proprietary data and trade secrets—and the right of free employment decisions. But it is also doubtful that they are effective in preserving trade secrets.

It is obviously impossible to divest oneself of that part of one's expertise that one has acquired from former employers and coworkers. Nor, in general, can one selectively refrain from its use, given that it has become an integral part of one's total intellectual capacity. Nevertheless, almost any such information that is data, including inventions, generated by the employee in connection with the company's business.

Once an employee takes a position with a competitor, the trade secrets that have been acquired by that employee may manifest themselves clearly and consciously. This is what court injunctions seek to prohibit. But they are far more likely to manifest themselves subconsciously and inconspicuously—for example, in one's daily decisions at the transfer of information except for the passage of documents and other concrete embodiments of the secrets.

What this question is testing

Add to the Passage

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
2.

Given the passage’s content and tone, which one of the following statements would most likely be found elsewhere in a work from which this

Answer choices

  1. Correct68% picked this

    Given the law as it stands, corporations concerned about preserving trade secrets might be best served by giving their employees strong incentives

    Why this is right

    The passage states that it is unlikely that an injunction against disclosure of trade secrets to future employers actually prevents any transfer of information (third paragraph). Since court injunctions do not provide a remedy, employers concerned about the transfer of trade secrets should probably take steps to avoid the situation where an employee leaves to take a position with a competitor.

    Skill tested: Add to the Passage · how this choice captures the passage's function is the move to repeat next time.

  2. Unsupported Comparison8% picked this

    While difficult to enforce and interpret, injunctions are probably the most effective means of halting the inadvertent transfer of trade secrets while

    No other remedy to the problem of protecting trade secrets and protecting the rights of employees is discussed in the passage.

  3. Too Strong10% picked this

    Means of redress must be made available to companies that suspect, but cannot prove, that former employees are

    It is true that employers may suspect that trade secrets have been leaked (third paragraph), but the passage does not indicate that a means of redressing this problem must be made available to employers.

  4. Contradiction3% picked this

    Even concrete materials such as computer disks are so easy to copy and conceal that it will be a waste of time for courts

    The passage states that enforcement of court injunctions protects companies from the spread of information through physical theft (third paragraph).

  5. Contradiction11% picked this

    The psychological barriers that an injunction can place on an employee in a new workplace are inevitably so subtle that they have

    The psychological barriers imposed by court injunctions do have an effect on the individual’s rights to free employment decisions (third paragraph).

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