Complaint paragraph 47 alleges that use of Evernote constitutes a breach of confidentiality and fiduciary duty, which is one of those things that strikes me as "legally pretty defensible" and "totally disastrous when juxtaposed with how knowledge workers actually work."

Edit: Actually, on re-reading, they appear to mean not "Evernote constitutes a breach" but "We accessed his Evernote and his state of mind, as recorded in it, constitutes a breach." (Eek.)