U.S. District Court
Where a plaintiff has requested injunctive relief against two former employees, that request should be granted because the plaintiff is reasonably likely to establish that its internal compilation of its labor rates constitutes a trade secret.
“Plaintiff Builder Services Group, Inc. (‘BSG’) seeks injunctive relief against Defendants Michael Harkins (‘Harkins’), Advanced Green Insulation, Inc. (‘AGI’) and Israel Aparecido Barroso (‘Barroso’) (collectively, ‘Defendants’) enjoining them from allegedly violating contractual confidentiality and non-solicitation obligations, D. 4. …
“Although BSG also asserts other claims, the focus of its motion for injunctive relief is on its claims for breach of contract and misappropriation of trade secrets. … Accordingly, the Court’s analysis of its reasonable likelihood of success on the merits will focus on these claims. …
“… BSG is reasonably likely to succeed in showing that Harkins electronically signed the BSG Agreement and is bound by its terms.
“Turning to the terms of the BSG Agreement, its non-disclosure and non-solicitation clauses are valid and enforceable. …
“Here, BSG is reasonably likely to succeed in showing that Harkins breached the nondisclosure clause. …
“BSG is also reasonably likely to succeed in showing that Harkins breached the non-solicitation clause of the BSG Agreement. …
“BSG also asserts that Defendants misappropriated its trade secrets in violation of both the Massachusetts Uniform Trade...
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