Keebler

  • Client: Keebler Corporation
  • Date: 1996
  • Location: U.S. District Court for the District of New Jersey

Summary:

After Keebler Corporation hired an executive away from its major competitor, Nabisco, Keebler asked us to represent its interests in the trade secrets litigation that tested the limits of the inevitable disclosure doctrine we established in PepsiCo v. Redmond.

Intense litigation, including TRO and preliminary injunction hearings, was resolved by an innovative settlement in which the parties agreed to an independent monitor, who was given access to Nabisco's claimed trade secrets and who audited Keebler's plants and records for a period to insure that the executive was not disclosing Nabisco's trade secrets.

Nabisco, Inc. v. James Willard (D.N.J. 1996)