The Secrets Behind Uncrustables

On February 12, 2026, J. M. Smucker Company (“Smuckers”) filed a complaint[1] against former employee, Paul-Yvann Djamen (“Djamen”), alleging that Djamen violated the federal Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq (“DTSA”); the Ohio Uniform Trade Secrets Act, Ohio Rev. Code § 1333.61 et seq. (“OUTSA”); the federal Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030; and other state law (the “Complaint”).

According to the Complaint, Djamen was hired by Smuckers as a Senior Scientist to help improve Smuckers’ food product methods and protocols, including its Uncrustables branded products. Djamen was eventually terminated due to ongoing unsatisfactory performance in September 2025. Upon his termination, Djamen was reminded of confidentiality and non-disclosure obligations, and Smuckers requested the immediate return of all data and materials Djamen obtained during his employment, including three laptops issued to him by Smuckers. Ultimately, Djamen returned two of the three laptops.

In conjunction with its standard post-termination procedures, Smuckers conducted an examination of the returned laptops. Through this procedure, Smuckers identified hundreds of confidential files that had been copied, transferred, and downloaded to external USBs. Smuckers also identified that Djamen has forwarded 1,955 emails from his Smuckers email account to his personal account. As a result of the foregoing, Smuckers claims that its valuable confidential and proprietary information and trade secrets are at risk of unauthorized disclosure and / or misuse.

While Smuckers has filed claims under both DTSA and OUTSA, the underlying frameworks to establish trade secret protection are similar. In general terms, a trade secret is information that:

• Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
• Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

To prove up its claims, Smuckers will first have to establish that the affected information is a trade secret, and second, that Djamen’s actions demonstrate a violation of the relevant portions of DTSA and OUTSA.

The complaint filed by Smuckers demonstrates a good example of why, if your business relies on trade secret protection, it is important not just to implement policies and procedures with respect to trade secrets, but also to execute and enforce those procedures. We will continue to monitor and provide any significant updates.