Trade secret cases pose special problems distinct from other intellectual property lawsuits because alleged trade secrets are rarely defined in advance of litigation. Perhaps the strangest theory of trade secret law is the concept of negative know-how, a theory under which an employee who resigns and joins a different business can be liable for not repeating the mistakes and failures of his or her former employer. The boundaries of the negative knowledge concepts have not been well articulated in the case law. This article first reviews the ROC Statutes and theories, especially in Fair Trade Law. There is a growing debate between the proponents of negative knowledge and unfair competition. Broad application of the negative know-how theory then would create new restrictions on employee mobility and allow employers to obtain court-created non-competition covenants against former employees based on their knowledge of failures and errors.