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Foulmouth Industries (FI) has recently opened a new business in prepaid funeralsFI is known for its morbid business ideas. FI recently hired Dud Slyjester (DS)

Foulmouth Industries ("FI") has recently opened a new business in prepaid funeralsFI is known for its morbid business ideas. FI recently hired Dud Slyjester ("DS") to prepare a business plan to offer prepaid funerals, and, to quote FI, "Make Prepaid Funerals Bigger than Death Itself!" As of today, no other business has ever offered prepaid funeral services. The reason nobody else has done it is not because the idea is new or unknown, but because it is a terrible idea! Indeed, numerous conferences have been held for those in the industry under various titles like "Prepaid FuneralsA Really Terrible Idea" or "Prepaid Funerals? Are You an Idiot?" Undeterred, DS moved forward on the idea of developing the business and prepared numerous internal documents detailing exactly how FI would offer this, obviously money-losing, business. All documents were marked CONFIDENTIAL and DS took great pains to make sure the documents were distributed on a "Need to Know" basis. Despite all these efforts, it was clear that there was nothing new in FI's new businessthis was just prepaid funerals without any twists or innovations. Just before FI was ready to roll out the business, however, DS left FI to go work for Guy Badanoff Enterprises ("GBE"). Two weeks after DS joined GBE, GBE launched its own prepaid funeral business. FI wants to sue. Will FI be successful?

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Yes, FI took reasonable security measures to protect the information by limiting the information to those who needed to know and marking documents as CONFIDENTIAL.

No, because under the doctrine of inevitable disclosure, DS would have inevitably shared the plans with a future employer anyway.

No, because DS never signed a confidentiality agreement.

No, the idea of prepaid funeral was generally known to those in the industry

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