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

804. Evidence of Botticella’s Responsibilitiesat HostessBotticella next contends that the District Court erred bydetermining the probability that Botticella would disclosetrade secrets while working at Hostess without requiringBimbo to provide more detailed evidence of Botticella’santicipated responsibilities at Hostess. The record before theDistrict Court contained little evidence in this regard apartfrom what could be inferred from Botticella’s compensationpackage at Hostess and his title as the Vice President of14Baking Operations for the eastern region. Nevertheless theDistrict Court concluded that Botticella’s prospective positionat Hostess was “substantially similar” to his former position atBimbo, noting that the Hostess position was “an executivelevel position, with a salary comparable to his salary atBimbo.” Bimbo Bakeries, 2010 WL 571774, at *13. Weagree that the record supports the conclusion that in his newposition at Hostess, Botticella would have broad oversightover bakery operations, just as he had at Bimbo.Accordingly, the District Court did not abuse its discretion bypreliminarily determining that the Bimbo and Hostesspositions were substantially similar.“Air Products enshrines the ‘inevitable disclosure’ doctrine asan inviolable rule of law”).14The District Court also noted that in his position at Hostess,Botticella would report to Hostess’s Senior Vice President forBakery Operations. Bimbo Bakeries, 2010 WL 571774, at *13.33