Keefer

FACTS

Background During 2006 and 2007, Keefer was employed by Liquid Productions as a project manager for the “Lifestyle Experience,” a touring promotional exhibition of the Santa Fe Natural Tobacco Company (Santa Fe Tobacco) of New Mexico. Liquid Productions went out of business before the Lifestyle Experience tour ended. In mid-2009, Keefer learned that Santa Fe Tobacco was planning to issue a request for proposal for a vendor to produce a more ambitious version of the Lifestyle Experience for the year 2010. Santa Fe Tobacco issued its request for proposal in October 2009 and began distributing it to any vendor who requested a copy. It is undisputed that Santa Fe Tobacco sent a copy of its request for proposal to Keefer at the time it was issued. Santa Fe Tobacco’s request for proposal stated that the company was seeking a vendor for a

1 Our references to Bounce include defendant and respondent Tim Swift, Bounce’s chief executive officer. We use Swift’s name hereafter only as needed for clarity.

2 project which would include two phases: a “build-out” for design and creation of an exhibition, and a “tour” phase for managing the travel, set-up and take down of the exhibition…