Are you sure about (1)? I believe you can steal trade secrets even if you don't take them in an embodied form.
It is true that you can't prevent someone from practicing their profession under the terms of California employment law (other states vary) -- but if you take reasonable steps to protect your trade secrets, the employees can be bound to honor that secrecy by not disclosing them to future employers.
Source: I've been involved in a trade secret dispute (it was nonsense but annoying), and I am definitely not a lawyer.
It is true that you can't prevent someone from practicing their profession under the terms of California employment law (other states vary) -- but if you take reasonable steps to protect your trade secrets, the employees can be bound to honor that secrecy by not disclosing them to future employers.
Source: I've been involved in a trade secret dispute (it was nonsense but annoying), and I am definitely not a lawyer.