“In his 37-page opinion in Bimbo Bakeries USA Inc. v. Botticella, U.S. District Judge R. Barclay Surrick granted a preliminary injunction, ruling that Chris Botticella, a former senior vice president at Bimbo, cannot start to work for Hostess Inc.
An inevitable disclosure case recently filed in federal court in Pennsylvania. To prevent disclosure of its trade secrets, Bimbo Bakeries asked a judge to keep the former manager from working for a competitor. Although, he had not even signed a noncompete.
Conceptually, there is something disturbing about creating a rule out of thin air that an employer loading its information onto…
The doctrine of inevitable disclosure represents another phase in the evolution of the common law’s permissive attitude toward covenants not to compete, since the doctrine permits a court to prohibit an employee from competing with his former employer even in the absence of any contract.