Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much. But, I have had a chance to read, and I came across something else I wanted to share. Management-side employment lawyer, Jay Shepherd, has written a good article directed at employees: Eight Ways to Guarantee Yourself a Non-Compete Lawsuit. Pretty good advice. Because, in the end, beating your non-compete begins with not acting stupidly and dishonestly, and even if you have a non-compete that will never hold-up in court, being dishonest before you leave your job or taking stuff with you when you leave will make your non-compete the least of your problems. Remember you can delete, but you cannot hide.
A quick follow-up on the last post (Inevitable Disclosure: Bimbo Sues Muffin Man): “In his 37-page opinion in Bimbo Bakeries USA Inc. v. Botticella, U.S. District Judge R. Barclay Surrick granted a preliminary injunction, ruling that Chris Botticella, a former senior vice president at Bimbo, cannot start to work for Hostess Inc. because his extensive knowledge of Bimbo’s trade secrets makes it substantially likely, if not inevitable, that he would disclose Bimbo’s secrets to Hostess.” Read the rest on Law.com.
And here is a copy of the District Court’s Findings of Fact and Conclusions of Law upon which the court granted injunctive relief. (I plan to comment further when time permits.)
Here’s an article about an inevitable disclosure case recently filed in federal court in Pennsylvania. Bimbo Bakeries sued a former manager at one of its english muffins facilities, saying “he is one of fewer than 10 people in the world who know how to make the muffins with the special ‘nooks and crannies.'” To prevent disclosure of its trade secrets, Bimbo asked a judge to keep the former manager from working for a competitor. Although, he had not even signed a noncompete. Read the rest of the article on Law.com.