Bimbo is suing a former executive not because he has actually stolen any
secrets, but because he
might
Tresa Baldas, The National Law Journal
The secret recipe for Thomas’ English Muffins is putting to the test an
unsettled legal doctrine: that
you can sue someone out of fear that he might steal your trade secrets.
In a highly watched trade secrets case in Pennsylvania, Bimbo Bakeries USA is
going after former
executive Chris Botticella, a 20-year employee who allegedly told the company he
was retiring when
he was really taking a job with rival Hostess Brands Inc. According to court
records, Botticella signed
a confidentiality agreement last March after being promoted to manage a
California facility that makes
Thomas’ English Muffins. Bimbo Bakeries says he is one of fewer than 10 people
in the world who
know how to make the muffins with the special “nooks and crannies.”
Now, Bimbo Bakeries is suing Botticella not because he has actually stolen any
secrets, but
because he might when he goes to work for its competitor. In its complaint,
filed Jan. 15 in the U.S.
District Court for the Eastern District of Pennsylvania, Bimbo Bakeries argues
that Botticella “will
inevitably disclose to Hostess” confidential information and trade secrets.
Bimbo Bakeries is seeking
to enjoin Botticella from using or disclosing any of its trade secrets or
proprietary information to
Hostess.
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