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

82secrets during his employment with Hostess rests on a solidevidentiary basis, namely, Botticella’s “not disclosing toBimbo his acceptance of a job offer from a direct competitor,remaining in a position to receive Bimbo’s confidentialinformation and, in fact, receiving such information aftercommitting to the Hostess job, and copying Bimbo’s tradesecret information from his work laptop onto external storagedevices.” Bimbo Bakeries, 2010 WL 571774, at *13.Accordingly, the District Court did not abuse its discretion bydetermining that Bimbo demonstrated a likelihood of successon its misappropriation of trade secrets claim.B. Irreparable HarmThe District Court concluded that Bimbo would sufferirreparable harm absent injunctive relief because thedisclosure of its trade secrets to Hostess would put Bimbo at acompetitive disadvantage that a legal remedy could notredress. On appeal, Botticella does not contest this findingapart from arguing that any harm Bimbo potentially mightsuffer from Botticella’s employment at Hostess could beprevented by a narrow injunction—to which Botticella wouldstipulate—prohibiting Botticella only from disclosingBimbo’s trade secrets. We recognize that the evidence at trialmay show that if Bimbo is entitled to relief that relief mightbe narrow yet adequate, just as Botticella suggests.Nevertheless, at this preliminary stage of the proceedings, theDistrict Court did not abuse its discretion when, faced withevidence of Botticella’s suspicious conduct during his finalweeks at Bimbo, it determined that a stronger remedy was35