The Third U.S. Circuit Court of Appeals has decided a former executive with the company that makes Thomas' English muffins, Entenmann's and Arnold baked goods cannot begin a new job with a competitor if the evidence shows an injunction is needed to protect any trade secrets he likely would pass on to his new boss. Bimbo Bakeries USA sued former vice president of California operations Chris Botticella in federal court in Pennsylvania to prevent him from taking a job with Hostess Brands. Bimbo called Botticella's use of his laptop to access confidential information during his last days at Bimbo "suspicious." The trial court granted an injunction, and the Third Circuit agreed courts have the power to stop an employee from starting a new job if misappropriation of trade secrets is likely.
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