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Antitrust

Inevitable Disclosure of Trade Secrets – Hurd at Oracle

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:

Database: allcases

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)

United-Continental Merger – Antitrust Hurdle Overcome

United and Continental overcame a major hurdle when the Justice Department completed its antitrust review and closed its investigation into the proposed merger on Friday. Shareholders of the two companies, Continental Airlines, Inc. and United’s parent, UAL Corp., are scheduled to vote on the deal September 17th.  The deal is expected to be finalized by October of this year.

The European Commission cleared the proposed merger in July. Relevant EU documents can be found with the following query in the Eurpopean Union database (EU-ALL):

CONTINENTAL AND UNITED-AIRLINES

The Department of Justice’s News Release announcing the close of its investigation related to this proposed merger can be found at:  2010 WL 3375271

Also try the following search in the ATRNEWS (Antitrust & Trade News) database for news items related to the proposed merger:

PR,CA,TI(CONTINENTAL & UNITED & ANTI-TRUST MERGER)

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