Tag Archives: trade secrets

Multi-Million Dollar Trade Secret Heist Results In Federal Criminal Plea

Co-authored by Christie O. Tate.

In the latest example of a significant international trade secret theft resulting in a federal criminal prosecution, chemist David Yen Lee recently pleaded guilty in federal court in Chicago to “knowingly and without authorization” possessing one or more trade secrets of his former employer Valspar Corporation (“Valspar”) with intent to convert them “to the economic benefit of someone other than the owner.” Valspar is an international company with offices in Illinois and elsewhere that manufactures and sells paint and coating products in the United States and internationally. Lee worked for Valspar as a Technical Director from approximately 2006 until March 2009, when he departed for Nippon Paint (“Nippon”), a Valspar competitor.

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Third Circuit Case Explores Nooks and Crannies of Trade Secret Misappropriation Under Pennsylvania Law

A July 27, 2010 decision by the United States Court of Appeals for the Third Circuit, in Bimbo Bakeries USA, Inc. v. Botticella, No. 10-1510, upheld an injunction preventing a senior executive from commencing employment at Hostess Brands, Inc., a bakery rival to the plaintiff Bimbo. The decision is notable in that the Court enjoined Mr. Botticella’s employment, in the absence of any non-competition agreement, on the basis that there was a “substantial likelihood,” but not an “inevitability,” that Mr. Botticella would disclose or use Bimbo’s trade secrets in the course of his planned employment at Hostess.

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