September 8, 2010
Hewlett Packard is seeking an injunction to prevent it’s recently terminated CEO, Mark Hurd, from joining the ranks at Oracle. Finding cases where one party is seeking an injunction to prevent the disclosure of trade secrets is not difficult. However, we regularly take questions regarding how to find cases where the court approves of an injunction preventing the hire of an employee. One solution for this challenge is to run searches for inevitable disclosure or threatened missappropriation:
Query: di,sy(inevitable threatened +4 disclosure missappropriation and trade-secret)
First result from query run today:
Granting preliminary injunction to enjoin former senior executive from working for direct competitor to protect former employer’s trade secrets from being disclosed in violation of Pennsylvania Uniform Trade Secrets Act (PUTSA) was consistent with generalized public interest in upholding inviolability of trade secrets and enforceability of confidentiality agreements, although there was public interest in employers being free to hire whom they pleased and in employees being free to work for whom they pleased. 12 Pa.C.S.A. §§ 5302, 5303(a).
Bimbo Bakeries USA, Inc. v. Botticella 2010 WL 2902729 (C.A.3 (Pa. (C.A.3 (Pa.),2010)