DeFeo
DeFeo v. Procter & Gamble Co.
Opinion
Opinion
Weigel, J.
MEMORANDUM AND ORDER
I. BACKGROUND.
The Procter & Gamble Company (“Procter & Gamble”) is an Ohio corporation with its principal place of business in Hamilton County, Ohio. Neil P. DeFeo is former Vice President and Managing Director, Worldwide Strategic Planning for Laundry and Cleaning Products, at Procter & Gamble in Cincinnati, Ohio. On July 8, 1993, Mr. De-Feo resigned from Procter & Gamble and accepted a position as Group Vice President for U.S. Operations with The Clorox Company (“Clorox”) in Oakland, California. Clorox is,a Delaware corporation with its principal place of business in Oakland, California.
As an employee of Procter & Gamble, Mr. DeFeo participated in several stock- option plans. Pursuant to those plans, he reportedly purchased more than 50,000 shares -of Procter & Gamble common stock, and agreed in writing to be bound by non-compete provisions for three years from the date the options were granted. Specifically, Mr. DeFeo promised to refrain from certain competitive employment in order to protect confidential information, including trade secrets. He further consented to the enforcement of equitable relief by any court having jurisdiction over him.