By: Shannon P. Duffy
The Legal Intelligencer

The fast-tracked appeal in Bimbo Bakeries USA Inc. v. Botticella reviewed a February ruling in which U.S. District Judge R. Barclay Surrick enjoined Chris Botticella, a former senior vice president at Bimbo, from starting to work for Hostess Inc.

Surrick found that Botticella's extensive knowledge of Bimbo's trade secrets -- including manufacturing secrets used to make the famous "nooks and crannies" in Thomas' English muffins -- made it substantially likely, if not inevitable, that he would disclose Bimbo's secrets to Hostess.

The evidence, Surrick said, showed that Botticella continued to work for Bimbo for several months after accepting the new job and attended high-level Bimbo strategy meetings, and that he had copied sensitive computer files just before his departure.

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