If there is one thing that non-compete and
trade secret plaintiffs and defendants can agree upon, it is
that injunctions need to be clear. If an injunction is going to
preclude someone from doing something, it is best if they know
exactly what they can and cannot do.
In federal court, this requirement comes directly from Federal
Rule of Civil Procedure 65(d), which states that every injunction
must, among other things, state its terms specifically and
"describe in reasonable detail – and not by
referring to the complaint or other document – the act or
acts restrained or required."
This means it is not sufficient for a court to merely enjoin a
defendant from using or disclosing, for example, the "trade
secrets described in the plaintiff's complaint." Nor would
it be sufficient to preclude a defendant from "using
'confidential information' as that term is defined in
defendant's employment agreement." This does not mean that
a court needs to specifically list each
