Reading ComprehensionDifficulty: Hard

PT126 S2 P1 Q6 Explanation

Trade Secrets

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

TopicsLocate DetailLaw

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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

Locate Detail

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
6.

In the passage, the author makes which one of the

Answer choices

  1. Out of Scope5% picked this

    Injunctions against the disclosure of trade secrets limit an employee's chances of being hired

    The likelihood that an employee will be hired by a competitor is not discussed in the passage.

  2. Contradiction12% picked this

    Measures against the disclosure of trade secrets are unnecessary except in the case of documents and other concrete

    The passage implies the opposite in the third paragraph.

  3. Too Strong16% picked this

    Employees who switch jobs to work for a competitor usually unintentionally violate the law

    The passage suggests that this could happen, but not that it usually happens (third paragraph).

  4. Contradiction2% picked this

    Employers are not restricted in the tactics they can use when seeking to secure protected

    The tactics an employer may use to secure protected information from new employees is restricted by court injunctions (first paragraph).

  5. Correct66% picked this

    What may seem like intellectual theft may in fact be an example

    Why this is right

    This is supported in the third paragraph.

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

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