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Bimbos and Non-competes

 

For those of you interested in the inevitable disclosure doctrine and the ability to enjoin a former employee from accepting employment with a new company under the Uniform Trade Secrets Act, don’t miss the Third Circuit’s lengthy opinion in Bimbo v. Botticelli, in which it affirms the lower court’s decision to enjoin an executive from jumping from Bimbo Bakeries to its competitor, Hostess, because of the likelihood that he would disclose Bimbo’s trade secrets in his new position.  

And you can add this to your list of really pathetic explanations for incriminating conduct:  “Botticella admitted to copying [highly confidential and sensitive] files periodically from his laptop to external devices during his final weeks at Bimbo, but maintained that he had done so only to practice his computer skills in preparation for his new position at Hostess.”  Right.


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