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

84employment is warranted where, as here, the factsdemonstrate that the restriction is necessary to prevent greaterirreparable harm from befalling another party. Following adisposition on the merits which in the normal course of eventswill follow the disposition of this appeal and the remand ofthe case to the District Court, if the Court holds that Bimbo isentitled to relief, the Court should fashion a remedyappropriate to protect Bimbo’s trade secrets without undulyimposing on Botticella’s right to pursue his chosenoccupation.D. The Public InterestWe agree with the District Court’s conclusion thatgranting the preliminary injunction was consistent with thepublic interest. There are several public interests at play inthis case. As noted by the District Court, there is ageneralized public interest in “upholding the inviolability oftrade secrets and enforceability of confidentialityagreements.” Bimbo Bakeries, 2010 WL 571774, at *16.Additionally, there is a public interest in employers being freeto hire whom they please and in employees being free to workfor whom they please. Of these latter two interests,Pennsylvania courts consider the right of the employee to bethe more significant. See Renee Beauty Salons, Inc. v. Blose-Venable, 652 A.2d 1345, 1347 (Pa. Super. Ct. 1995) (“[T]heright of a business person to be protected against unfaircompetition stemming from the usurpation of his or her tradesecrets must be balanced against the right of an individual tothe unhampered pursuit of the occupations and livelihoods for37