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This is a highly unusual trade secret case illustrating what not to do as a high-level executive about to switch jobs. Bottom line: a very rare result in which
by grellas 17y ago
This is a highly unusual trade secret case illustrating what not to do as a high-level executive about to switch jobs.
Bottom line: a very rare result in which the executive was not just enjoined from disclosing trade secrets but was barred outright from ever working at the competitor's on any terms. Shows the extreme steps taken in and out of court to preserve the secrecy of a highly valuable trade secret (in this case, involving a muffin recipe), probably akin to what Coke does to protect its proprietary soft drink formula.
- hga 17y agoAgreed, and add (the detail of): "Botticella also surreptitiously accessed highly sensitive documents on his final day of work at Bimbo, Surrick found, and a computer expert showed that an external drive had been connected to Botticella's laptop." Although the reported basis is one I'm very uncomfortable with, the judge saying the plaintiff's "burden was to show at least a 'substantial threat' of disclosure of a trade secret". If Silicon Valley had been under such a regime way back when, we wouldn't be having this discussion (well, we might ... on 300 baud modems...).