1) Read My Post (my post doc. File)
2) Please provide a discussion post to the following work. You need to challenge the position of the work below pertaining to “my post”.
3)Use U.S sources only
The following assignment is to challenge the following:
“When it comes to computers and data, things can be easily stolen off of a computer with the use of external drives. In this case a higher up employee does just that as he goes to work for a competitor company. It is important for organizations to do all that they can to keep their important information confidential and safe.
Case: Bimbo Bakeries vs. Botticella- Civil Litigation- Pennsylvania 613 F.3d 102 BIMBO BAKERIES USA, INC. v. Chris BOTTICELLA, Appellant. No. 10-1510. United States Court of Appeals, Third Circuit. Argued June 3, 2010. Filed: July 27, 2010. [613 F.3d 103]
This case used computer forensics to prove the VP of the company copied confidential files before going to work for a competitor business. Chris Botticella, formerly a senior executive at appellee Bimbo Bakeries, he was directly responsible for five production facilities and oversaw a variety of areas including product quality and cost, labor issues, and new product development (Admin, 2011). In addition Botticella worked closely with Bimbo’s sales staff on sales promotion and capacity planning, and also was responsible for overseeing the operations of “co-packers” in his region, i.e., third-party manufacturers under contract with Bimbo (Admin, 2011). He also had access to codes and books containing formulas and he attended meeting where he learned about strategies that the business would be using. Botticella signed a “Confidentiality, Non-Solicitation and Invention Assignment Agreement” with Bimbo on March 13, 2009, in which he agreed not to compete directly with Bimbo during the term of his employment, not to use or disclose any of Bimbo’s confidential or proprietary information during or after the term of his employment with Bimbo, and, upon ceasing employment by Bimbo (Admin, 2011). Botticella received a job with Hostess in 2009 and was also still employed with Bimbo for several month having full access to all of their confidential documents while working both companies. He states he only stayed at Bimbo to receive his year-end bonus, but never indicated that he was going to work for a competitor when he did finally quit. After Botticella left, Bimbo hired a computer forensic specialist where they notices multiple files were accessed at a time as if the files were being copied, and that 3 external devices had been used on the computer as well (Admin, 2011). The items that could have been copied were highly sensitive and not good if in the hands of a competitor. The District Court determined that Botticella’s conduct following his acceptance of the Hostess job offer demonstrated his intention to use Bimbo’s trade secrets during his employment with Hostess. The evidence shows that Botticella’s was not disclosing to Bimbo his acceptance of a job offer from a direct competitor, remaining in a position to receive Bimbo’s confidential information and, in fact, receiving such information after committing to the Hostess job, and copying Bimbo’s trade secret information from his work laptop onto external storage devices. (Admin, 2011).
I agree with the Bimbo Company’s stance on hiring a forensic expert to look into the laptop that Botticella used daily because of the suspicious ways that he was acting the last days that he worked for the company. This digital evidence showed that he opened multiple files at once and also attached 3 external drives to the laptop computer, this is evidence that can be used in court to show that since he knew he was already working for a competitor, what was he putting on external drives (Nelson, Amelia, & Steurt, 2010). Luckily in this case the evidence was preserved still and the forensic expert was able to see suspicious activity (Nelson, Amelia, & Steurt, 2010)
References:
Admin. (2011). Bimbo Bakeries vs Botticella-Civil Litigation- Pennsylvania. Retrieved from AMV, Technology, LLC: http://infosecusa.com/bimbo-bakeries-v-botticella-civil-pennsylvania
Nelson, B., Amelia, P., & Steurt, C. (2010). Guide to Computer Forensics and Investigation 4th Edition. Cengage Learning.”
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