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

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54App. at 272. Botticella signed <strong>the</strong> form on December 7, 2009.Botticella informed his supervisor at Bimbo on January4, 2010, that he was planning to leave Bimbo on January 15. 2But Botticella did not at that time indicate that he was leavingApp. at 272.to any previous employer. I represent that I haveand will not bring to Hostess’[s] work place, usefor <strong>the</strong> benefit of, or in any way share withHostess any confidential or proprietaryinformation belonging to any previous employer.I represent that I am not a party to anycurrently effective employment contract, covenantnot to compete or o<strong>the</strong>r agreement that couldpotentially have any bearing on my ability toaccept employment with Hostess, and thatHostess has instructed me that I am not to performany action, directly or indirectly, in <strong>the</strong> course ofany duties or responsibilities that I may have atany time for it, that would violate <strong>the</strong> terms of anycurrently effective contract to which I am a party.2Botticella asserts that he testified in his deposition that headvised “his boss” at Bimbo in early December of 2009 “that hewould be leaving” Bimbo. Appellant’s br. at 8 n.1. But heindicates that this testimony was not introduced at <strong>the</strong> hearingon <strong>the</strong> preliminary injunction. He does not claim, however, thatat that time he advised Bimbo that he was joining Hostess.7

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