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ALI-ABA Topical Courses Trade Secrets From the ... - ALI CLE

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58used. Bimbo located <strong>the</strong> thumb drive and one of <strong>the</strong> harddrives but Harris could not determine conclusively whe<strong>the</strong>r ornot any files had been copied onto <strong>the</strong> devices fromBotticella’s computer. Harris was not provided with <strong>the</strong>second external hard drive. According to Bimbo, that device“is unaccounted for.” Appellee’s br. at 11.A number of <strong>the</strong> files accessed from Botticella’s laptopduring his final days at Bimbo were highly sensitive and <strong>the</strong>irpossession by a competitor would have been damaging toBimbo. As described by <strong>the</strong> District Court, <strong>the</strong>se documentsinclude “Bimbo’s cost-reduction strategies, product launchdates, anticipated plant and line closures, labor contractinformation, production strengths and weaknesses of manyBimbo bakeries, and <strong>the</strong> cost structure for individual productsby brand.” Bimbo Bakeries, 2010 WL 571774, at *7. Therewere, however, more mundane documents such as apresentation titled “Safety Short - Wet Floors” included in<strong>the</strong>se groups of files. App. at 237. In his video-tapeddeposition, portions of which were presented at <strong>the</strong>preliminary injunction hearing, Botticella admitted to copyingfiles periodically from his laptop to external devices duringhis final weeks at Bimbo, but maintained that he had done soonly to practice his computer skills in preparation for his newposition at Hostess. Despite an earlier denial, he eventuallyadmitted to conducting such “practice” exercises in January2010. The District Court found that Botticella’s explanationof his use of <strong>the</strong> laptop computer and <strong>the</strong> external devices was“confusing at best” and “not credible.” Bimbo Bakeries, 2010WL 571774, at *6.11

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