PrepTest 126, Section 2, Question 2

ApplicationDifficulty5 of 5
Passage 1Trade secrets, changing jobs, and the limits of court injunctions
The questionFull text in your LawHub copy of PrepTest 126

Often when a highly skilled and experienced employee(453 more words not shown)

Given the passage's content and(23 more words not shown)

Reading the passage

We're looking for another statement that would fit the larger discussion's content and tone. The writer is skeptical that injunctions adequately protect either party. I don't have an exact continuation to predict, but it should make sense alongside that critique rather than suddenly praise the solution we've been questioning.

Working the answers

  • A
    Correct

    If the information is difficult to control once a knowledgeable employee leaves, giving that person reasons to stay could help protect it. This is a plausible practical response to the problem the writer has described. “Might be best served” offers a cautious recommendation, not a guarantee that retention will eliminate every risk.

  • B

    Calling injunctions the most effective way to achieve both goals is hard to reconcile with the sustained criticism. The writer doesn't compare alternatives or award injunctions that ranking.

  • C

    Difficulty proving disclosure doesn't establish that companies must receive a remedy without proof. This introduces a new position on what should happen when a company merely suspects wrongdoing.

  • D

    The ending treats concrete materials as the limited exception to the enforcement problem. D instead declares efforts to control their theft a waste of time.

  • E

    Psychological barriers are mentioned, but as something that can restrict the employee's use of their abilities. Saying they inevitably have no effect reverses that concern.

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