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

6212 Pa. Cons. Stat. Ann. § 5302 (West 2004); see also Rohmand Haas Co. v. Lin, 992 A.2d 132, 143 n.4 (Pa. Super. Ct.2010) (“A trade secret may consist of any formula, pattern,device or compilation of information which is used in one’sbusiness, and which gives him an opportunity to obtain anadvantage over competitors who do not know or use it.”)(internal citation omitted). The Pennsylvania courts look tothe following factors to determine whether information isprotected as a trade secret: (1) the extent to which theinformation is known outside of the company’s business; (2)the extent to which the information is known by employeesand others involved in the company’s business; (3) the extentof the measures taken by the company to guard the secrecy ofthe information; (4) the value of the information to thecompany and its competitors; (5) the amount of effort ormoney the company spent in developing the information; and(6) the ease or difficulty with which the information could be7acquired or duplicated legitimately by others. Crum v.Bridgestone/Firestone North American Tire, LLC, 907 A.2d578, 585 (Pa. Super. Ct. 2006).Applying these standards, the District Courtdetermined that during Botticella’s employment at Bimbo, hehad access to and acquired a number of Bimbo’s trade secrets,including:7“The PUTSA displaced Pennsylvania’s common law tort formisappropriation of trade secrets, but there is no indication thatthe statute effected a substantive shift in the definition of ‘tradesecret.’” Youtie v. Macy’s Retail Holding, Inc., 626 F. Supp. 2d511, 522 n.10 (E.D. Pa. 2009).15