Bimbo Bakeries USA, Inc. v. Botticella
United States Court of Appeals for the Third Circuit
613 F.3d 102 (2010)
- Written by Sean Carroll, JD
Facts
Chris Botticella (defendant) was an executive for Bimbo Bakeries USA, Inc. (Bimbo) (plaintiff). Bimbo accepted a job offer from Hostess Brands, Inc. (Hostess), a Bimbo competitor. The district court found that the positions were substantially similar. Botticella did not inform Bimbo of his acceptance of the offer for almost three months. During this time, Botticella continued to access Bimbo’s confidential information and trade secrets. When Bimbo learned that Botticella would be leaving for Hostess, Bimbo asked him to leave immediately. Following that conversation, Botticella accessed 12 files from his Bimbo laptop within 13 seconds, which indicated that all the files were copied from the laptop to an external source at the same time. Bimbo sued Botticella for misappropriation of trade secrets. The district court granted Bimbo a preliminary injunction, preventing Botticella from working at Hostess during the pendency of the litigation. Botticella appealed.
Rule of Law
Issue
Holding and Reasoning (Greenberg, J.)
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