Full opinion text
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART THE PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION BENNETT, Chief District Judge. TABLE OF CONTENTS I. INTRODUCTION..........................................................947 A. Procedural Background................................................947 B. Findings Of Fact......................................................949 1. The provisional nature of findings and conclusions...................949 2. The wafer makers and their products................................949 3. Larry Tomasiello’s employment with Interbake ......................951 4. Tomasiello’s employment with BoDeansWafer........................954 II. LEGAL ANALYSIS........................................................954 A. Standards For Preliminary Injunction..................................954 B. Conflict of Laws.......................................................956 1. Iowa’s choice-of-law rules in tort cases ..............................956 2. Application of Iowa’s choice-of-law rules.............................958 C. Application Of The Standards..........................................960 1. Likelihood of success on the merits..................................960 a. The law governing trade secrets.................................961 b. The Iowa Uniform Trade Secrets Act............................962 c. Is the information in question “trade secrets”?...................966 d. Likelihood of a successful common-law claim ....................968 e. Is there a likelihood of disclosure by “improper means”?..........969 2. Irreparable harm..................................................975 3. Balance of harm...................................................976 4. The public interest.................................................978 D. The Requirements Of FedR.Civ.P. 65(c) & (d)...........................978 1. The scope of a preliminary injunction ...............................978 2. Fed.R.Civ.P. 65(c)’s security requirement............................979 III. CONCLUSION.........................................................:.. 980 Although the court had not imagined that ice cream sandwich wafers could spawn rivalries more intense than that between vanilla and chocolate, the court has discovered in this “trade secrets” case that rival makers of the “sandwich” wafers of ice cream sandwiches defend their alleged proprietary information with as much zeal as any other entrepreneur seeking to secure an advantage in an increasingly sophisticated and competitive commercial market. Presently before the court is the application of one maker of sandwich wafers for a preliminary injunction seeking to protect its “trade secrets” in wafer manufacturing by enjoining a former employee from disclosing those secrets to, or working for, an upstart wafer manufacturer competitor and the competitor’s misappropriation of any of those secrets. Choice of Iowa or Virginia law and a balance of equities will determine what are protecta-ble secrets in this case, whether those secrets should be protected by a preliminary injunction, and what is the proper scope of such an injunction, should the court find that one must issue. Obviously, the decisions that are required to be made by the court in this case are of much greater import and undoubtedly will have more far-reaching ramifications than deciding between vanilla or chocolate flavored ice cream, and therefore, are decisions that the court does not take lightheartedly. I. INTRODUCTION A. Procedural Background Plaintiff, Interbake Foods, L.L.C., (hereinafter “Interbake”) filed its complaint in this matter on October 24, 2006, against defendant Larry Tomasiello, the former production manager of Interbake’s premier wafer manufacturing facility in Front Royal, Virginia, and defendants Bo-Deans Baking Company, L.L.C., BoDeans Baking Holding Company, L.L.C., and Bo-Deans Wafer Company, L.L.C. (hereinafter collectively referred to as “BoDe-ans”) — Tomasiello’s current employer (Doc. No. 3). Interbake is a Delaware corporation, with its principal place of business in Front Royal, Virginia. Toma-siello is a citizen of the State of Iowa. He is currently employed at BoDeans and is responsible for overseeing and managing all aspects of the company’s wafer production. Defendant BoDeans Baking Holding Company, L.L.C. (hereinafter “BoDeans Baking”) is an Iowa corporation with its principal place of business in Le Mars, Iowa. BoDeans Wafer Company, L.L.C. (hereinafter “BoDeans Wafer”) and BoDe-ans Cone Company, L.L.C., (hereinafter “BoDeans Cone”) are wholly-owned subsidiaries of BoDeans Baking, and are also Iowa corporations with their principal places of business in Le Mars, Iowa. Interbake’s complaint in this matter is in seven counts, each alleging misconduct under Iowa law following Tomasiello’s termination of his employment with Interbake and subsequent employment with BoDe-ans, which Interbake asserts is trying to become one of its direct competitors by entering into and gaining a significant market share of the wafer manufacturing and distributing industry. Interbake’s claims center upon alleged disclosure by Tomasiello of Interbake’s trade secrets and BoDeans’s alleged misappropriation of Interbake’s trade secrets. The matter immediately pending before the court is Interbake’s motion for a preliminary injunction, filed the same day as Interbake’s complaint, seeking to enjoin the defendants’ actual or threatened misappropriation of trade secrets. In its motion for a preliminary injunction, Interbake also requested an expedited evidentiary hearing. On October 31, 2006, the court granted the request for an expedited hearing, and scheduled a hearing on the Motion for a Preliminary Injunction for November 8, 2006, in Sioux City, Iowa. Thereafter, on November 6, 2006, the defendants’ filed their joint resistance to Interbake’s Motion for Preliminary Injunction. This matter proceeded to hearing on Wednesday, November 8, 2006. At the hearing, plaintiff Interbake was represented by counsel Brenton D. Soderstrum of Brown, Winick, Graves, Gross, Basker-ville, & Schoenebaum, P.L.C., in Des Moines, Iowa; and Rodney A. Satterwhite and Christopher M. Michalik of McGuire Woods, L.L.P., in Richmond, Virginia. Defendants BoDeans and Tomasiello were represented by Thomas W. Foley of Nye-master, Goode, West, Hansell & O’Brien, P.C., in Des Moines, Iowa. During the course of the hearing, which extended long into the evenings over the course of two days, in addition to the numerous exhibits presented by the parties, Interbake called three witnesses — Denise Bullock, Vice President and General Manager of Interbake’s Front Royal division; Jonathon Fowler, Senior Manager of Electronic Evidence with First Advantage Litigation Consulting; and Terrence Glackin; Senior Manager of Interbake’s Research and Development Department. Similarly, the defendants called three - witnesses— Dean Jacobsen, the President and CEO of BoDeans; Larry Tomasiello, General Manager of BoDeans Wafer; and Joseph Cardinali, a self-employed engineer of Cardinal Engineering who primarily performs consulting for bakeries, and is currently employed by BoDeans. B. Findings Of Fact 1. The provisional nature of findings and conclusions Although the court is disposing of Interbake’s Motion for a Preliminary Injunction following briefing by all parties and an evidentiary hearing, it is well to remember that in the context of preliminary injunction applications, the court typically operates under severe time constraints and must customarily decide the motion “on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits.” University of Tex. v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981). Thus, the Supreme Court in University of Texas v. Camenisch stated the general rule that “the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits.” Id.; accord Henderson v. Bodine Aluminum, Inc., 70 F.3d 958, 962 (8th Cir.1995) (citing this statement from Camenisch as the “general rule” for findings of fact and conclusions of law in preliminary injunction rulings); United States v. Barnes, 912 F.Supp. 1187, 1190 (N.D.Iowa 1996) (applying the “general rule” of Camenisch to a preliminary injunction ruling on the government’s request for a preliminary injunction pursuant to 18 U.S.C. § 1345 to enjoin activities of defendants who were allegedly engaged in mail fraud in violation of 18 U.S.C. § 1341). Any findings of fact in this ruling, made either in this section or in the course of the legal analysis, as well as any conclusions of law forming part of the court’s determination of whether the issuance of a preliminary injunction is proper in this case, are intended to be subject to this “general rule” and are not to be considered “final.” With this caveat in mind, the court turns to the findings of fact upon which Interbake’s Motion for a Preliminary Injunction depends as those facts are established by the documentary evidence and testimony presented at the hearing on November 8-9, 2006. 2. The wafer makers and their products Interbake Foods, formerly known as Southern Biscuit Works, was founded in 1899 and is a Delaware corporation with its principal place of business in Front Royal, Virginia. Interbake employs over 3,000 people in nine different locations. It is the third largest cookie/cracker manufacturer in North America. However, in addition to its Front Royal facility, Inter-bake owns and operates commercial bakery facilities in several locations throughout the United States. Interbake focuses its production on two primary types of bakery products — cookies and wafers. The term “wafer” refers to the bread, or sandwich part, of ice cream sandwiches. Interbake has been successfully manufacturing wafers for over fifty years. Over the years, Interbake has perfected and refined its processes. Consequently, In-terbake’s wafer manufacturing process has evolved and currently involves a complicated mixture of precisely measured ingredients; specific standards for cooking timing and temperatures; and specially researched, designed and calibrated machinery. Currently, Interbake manufactures many different flavors and shapes of wafers, has approximately 40 or 50 recipes for wafers and has gained almost a 95% share of the wafer market. Although many companies have tried to replicate Interbake’s success, Interbake represents that it is the only corporation who has developed the processes, formulas and techniques to permit the consistent manufacture of good quality wafers. Moreover, the court adopts the testimony of Terrence Glackin who represented that the ability to produce a quality “pilot” wafer is substantially different from consistently manufacturing high quality wafers on a mass production scale. Because of its value, Interbake has guarded, at least somewhat, its trade secrets and confidential information. For example, the information is not publicly available, and neither does it appear on any Interbake marketing materials, brochures or internet websites. In addition, Interbake employs other safeguards to maintain the secrecy of this information. Specifically, at Interbake’s Front Royal facility — the only location currently manufacturing wafers — the physical property is protected with security fencing, a single, gated entry point and security guards that are on location twenty-four hours-a-day. Entry to the actual facility requires secure access card swipes for employees and specific physical authorization for approved visitors. Cameras monitor the property and all visitors are escorted by Interbake employees at all times. Interbake also limits its access to its computer servers and computers through the employment of stringent computer firewalls. Finally, In-terbake requires that all of its salaried employees sign and agree to abide by its Code of Conduct, which specifically includes a duty to not disclose any confidential or proprietary information or other trade secrets. However, the portion of the document addressing confidential information comprises no more than three lines of the seven-page agreement. Interestingly, Interbake does not require its hourly employees to sign its Code of Conduct on the theory that these employees only have limited access to confidential and trade secret information. Moreover, no employee is required to sign a covenant not to compete with Interbake. In contrast, BoDeans is an independent, privately-held and family-owned business that was established in 2001 and is an Iowa corporation with its principle place of business in Le Mars, Iowa. While Bo-Deans is also a bakery, the company focused primarily on manufacturing ice cream cones up until the year 2003. More specifically, at some point in 1998, Jacobsen, founder and current President and CEO of BoDeans, became aware of the fact that Interbake, through its acquisition of different companies, had captured over 95 % of the market for novelty ice cream cones. Jacobsen saw an opportunity to take advantage of this dearth of competition and decided to enter the cone market. Jacobsen’s endeavor was a success and the BoDeans family was born. BoDeans boasts the most modern cone baking facility in North America. In 2006, BoDeans Cone Company will produce just under 500,000,000 cones, which represents approximately 50% of the market. Since its inception, BoDeans Cone has grown on an annual basis by 500% per year — making it one of the fastest growing companies in North America. With respect to cones, Wells’ Dairy, Inc., the world’s largest family-owned and managed dairy processor, also located in Le Mars, Iowa, is and has been, one of BoDeans’s major cone purchasers. After BoDeans Cone established itself successfully in the novelty cone market, in March of 2003, Wells’ Dairy, obviously satisfied with BoDeans’s cone products, approached Jacobsen and encouraged him to expand BoDeans’s business into the wafer market. Jacobsen, spurred on not only by his success in the cone market but also by his realization that Interbake, at that time, also held a 95 % share of the wafer market, incorporated BoDeans Wafer and entered into negotiations with Wells’ Dairy. Following negotiations, a Letter of Agreement was entered into between Wells’ Dairy and BoDeans Wafer on November 14, 2003. Under the terms of the Letter of Agreement, BoDeans Wafer agreed to develop a pilot scale wafer baking process capable of producing wafers that met Wells’ Dairy’s specifications. If and when the pilot process was perfected, Wells’ Dairy would then purchase substantially all of its wafers from BoDeans Wafer and BoDeans Wafer would construct a full-scale production facility. The pilot process BoDeans Wafer created was essentially a small replica of the full-scale baking process BoDeans Wafer would later develop. BoDeans spent over $450,000 on the pilot machine and another $150,000 to retrofit the cone baking facility for this operation. Throughout 2004 and into 2005, with the assistance of several independent consultants, BoDeans Wafer engaged in an extensive research and development effort to design a production process that would produce wafers. As part of that effort, numerous recipes, baking methods, and production methodologies were tried. Ultimately, a production system was created from scratch. Wells’ Dairy approved the wafers BoDeans produced with its pilot process and the companies entered into a formal Supply Agreement on February 21, 2005 — long before the process of hiring Tomasiello began. Pursuant to the Supply Agreement, BoDeans receives an increase in compensation for the implementation of any procedures that save Wells’ Dairy money. In May 2005, construction began on a new production facility. All told, BoDeans invested approximately $5.5 million in machinery and equipment and another $5.6 million on the construction of the commercial production facility. Construction of the wafer facility was completed in February 2006. Initially, BoDeans hired a General Manager to lead BoDeans Wafer who had significant experience in the baking industry. However, it soon became apparent to Ja-cobsen that his initial hire lacked the leadership and professional skills necessary to effectively manage BoDeans’s current operations. Based on that realization, Jacob-sen directed BoDeans’s Human Resource Manager to contact Barbara Schaffer of Management Recruiters of Portland, Oregon and ask her to begin work on a confidential search for a replacement. Jacob-sen informed Schaffer that his top three hiring criteria were leadership skills, management skills and general knowledge of the baking industry. In addition, Schaffer was told to take a look at Interbake employees, based on the information that In-terbake had consolidated its plants into one facility in Front Royal and that some of Interbake’s employees had been left unemployed. Schaffer agreed to conduct the search on BoDeans’s behalf. Ultimately, she provided Jacobsen with a handful of names, one of which was Toma-siello’s, Interbake’s Front Royal Production Manager, who eventually began to work for BoDeans on October 16, 2006. 3. Larry Tomasiello’s employment with Interbake Larry Tomasiello began working at In-terbake as a shift manager over the wafer production line eight years ago at Inter-bake’s Elizabeth, New Jersey facility. Although that facility produced both cookies and wafers, Tomasiello continued to work in wafer production throughout his tenure at Interbake. Because he was a salaried employee, Tomasiello was required to sign Interbake’s Code of Conduct, and among other things, agreed to protect “confidential and proprietary information from unauthorized disclosure and use.” He further agreed not to use “confidential information or trade secrets gained by virtue of [his] employment ... for personal gain or any purpose other than the performance ... of his ... duties.” Finally, Tomasiello agreed that if he left the service of Interbake, for any reason, that the “ “confidential and proprietary information remain[ed] with and [would be] the exclusive property of the Company” and that such information was not to be used nor disclosed in any way by [him] following the termination date of his ... employment with the Company.” Tomasiello worked at the Elizabeth facility until the fall of 2005. During his tenure there, To-masiello rose to the level of Business Manager over the Elizabeth facility’s wafer manufacturing process. As such, he oversaw and was responsible for all aspects of the Elizabeth facility’s wafer manufacturing. Throughout his employ with Inter-bake, Interbake provided him with access to all of its wafer formulas and production processes and techniques. More specifically, Tomasiello knew the precise combination of ingredients, the proper settings for the machinery and the time and temperature parameters that were necessary to produce superior ice cream sandwich wafers. At some point, during the fall of 2005, Interbake consolidated all of its wafer manufacturing into a new facility in Front Royal, Virginia. Consequently, Interbake closed both its Elizabeth facility and its facility in Richmond and transferred all production of wafers to the new facility in Front Royal. As a result of the transition, a Production Manager position became available at the Front Royal facility. The Front Royal Production Manager position was essentially designed to be responsible for all aspects of wafer production at the facility. In order to be effective at this position, the Production Manager obviously would be required to become intimately familiar with all aspects of Interbake’s wafer manufacturing process. Because Tomasiello was already familiar with In-terbake’s wafer production formulas, processes and techniques, he was selected as the new Front Royal Production Manager in 2005. In addition to overseeing the day-to-day operations of the facility, Toma-siello supervised start-up projects with respect to wafer manufacturing and adapted the wafer manufacturing processes to the facility’s new production environment. He not only continued to work with Inter-bake’s existing production processes, but he also observed how to adapt those processes. As a result, Tomasiello learned how to “tweak,” or alter formulas, ingredients, processes and techniques to a new production site and new machines. Toma-siello was heavily involved in the start-up process and in doing so, gained even greater and more detailed knowledge of Inter-bake’s trade secrets, especially as they applied to operating and creating a new, functional production facility. Unfortunately, however, Tomasiello was given the impression by his supervisor that his promotion potential was capped at his current level. To no one’s surprise, then, Toma-siello expressed interest when he received a call from Jacobsen about a new opportunity with BoDeans. On or about August 22, 2006, Jacobsen, telephoned Tomasiello in an attempt to find out if Tomasiello would be interested in the prospect of leaving Interbake. Thereafter, on September 21-22, 2006, To-masiello flew to Le Mars, Iowa, for an in-person interview. Not surprisingly, Ja-cobsen, who was shocked someone in To-masiello’s position would be interested in coming to Le Mars, Iowa, to become part of a fledgling operation, did not allow To-masiello to view BoDeans’s wafer plant at that time. However, Tomasiello was allowed to see BoDeans’s cone facility. To-masiello and his spouse flew to Le Mars, Iowa, on September 29, 2006, where he was Anally allowed to tour the wafer plant, and the possibility of an employment relationship between Tomasiello and BoDeans was discussed. When Tomasiello left, he took with him, a proposed equity agreement that he had his lawyer review on October 2, 2006. Tomasiello also expected to receive a formal written offer after he and his spouse left Le Mars on September 29, 2006. On October 5, 2006, Jacobson faxed Tomasiello a written offer of employment as BoDeans’s General Manager. This offer included a one-year covenant not to compete. BoDeans had originally asked for a two-year term of non-competition but agreed to a one-year term during negotiations with Tomasiello. Tomasiello accepted Jacobsen’s offer on that same day. During approximately the same time period, on the evenings of October 4 and October 5, 2006, Tomasiello accessed numerous computer files contained on Inter-bake’s system. Many of these files contained highly sensitive wafer production information. More specifically, Tomasiello accessed files containing sensitive information about the Front Royal facility’s run speeds, Interbake wafer oven temperatures and settings, and an important Designed Experiment, which essentially was a study conducted, at significant expense to Interbake, by DuPont to study the various factors that contributed to wafer breakage — a major obstacle to the consistent manufacture of wafers. Although there was no direct evidence the documents were printed, the court adopts In-terbake’s expert’s testimony, who stated that this occurrence is not out-of-the-ordinary because the temporary print files associated with a local printer are often overridden by normal usage of the machine. The court further adopts, however, Inter-bake’s expert’s testimony that there was no record the documents were downloaded or copied and that evidence would have been available, if it indeed, had happened. After accessing these files, Tomasiello reported to work two days later on the morning of October 6, 2006, and informed Interbake that he would be resigning his employment and gave two-weeks notice. Upon learning of Tomasiello’s impending resignation, Interbake’s Vice President and General Manager of the Front Royal facility, Denise Bullock, asked Tomasiello if there was anything Interbake could do to change his mind. Tomasiello responded in the negative. Bullock then terminated Tomasiello’s employment, had him escorted to his office to retrieve his personal effects and had him escorted to his car. Bullock also reminded Tomasiello not to disclose Interbake’s confidential or proprietary information or other trade secrets. Tomasiello replied he was not taking anything with him except “what was in [his] head.” 4. Tomasiello’s employment with Bo-DeansWafer Tomasiello began working with BoDe-ans on or about October 16, 2006, as Bo-Deans’s General Manager. As he was at Interbake, Tomasiello is responsible for the oversight of all aspects of BoDeans’s wafer production. In addition to Toma-siello, BoDeans Wafer has additional management, none of whom had pre-existing wafer experience. Tomasiello receives a cash incentive based on BoDeans’s overall performance margin. Following Tomasiel-lo’s resignation, on Monday, October 9, 2006, the first work day after Tomasiello announced his resignation, Wells’ Dairy, one of Interbake’s largest customers, informed Interbake that it would not be placing future wafer orders with Interbake after December 31, 2006. The timing of this decision initially appeared suspicious to both Interbake and the court. However, the evidence presented at the preliminary injunction hearing conclusively established that Wells’ Dairy made the decision to switch their wafer supplier from Inter-bake to BoDeans long before BoDeans contacted Tomasiello about employment with them. Instead, Wells’ Dairy indicated that in 2007, it would be placing its wafer orders with BoDeans. Jacobsen indicated in his testimony that at this time, Tomasiello has not disclosed a “shred” of confidential information. Although the court accepts this testimony at its face value, the court nonetheless finds that Interbake has reason to be concerned about disclosure of its trade secrets and confidential information as the result of Tomasiello’s employment with BoDeans. The reasons for that conclusion are discussed below, following the court’s examination of the standards for determining whether Interbake has shown a threat of irreparable harm from Tomasiello’s employment with BoDeans. With this factual background in mind, recognizing that it at best provides the court with a provisional record upon which to base decisions of some significance to the parties, the court turns to the legal analysis of Interbake’s motion to enjoin disclosure and misappropriation of trade secrets and improper employment of a former employee with a competitor. With the proper legal framework in mind, the court will return to some of the necessary factual determinations it must make in order to resolve the question of whether a prehminary injunction should issue in this case. II. LEGAL ANALYSIS A. Standards For Preliminary Injunction As this court explained in past cases, it is well-settled in this circuit that applications for preliminary injunctions and temporary restraining orders are generally measured against the standards set forth in the seminal Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109, 113 (8th Cir.1981) (en banc), decision. See Doctor John’s, Inc. v. City of Sioux City, Iowa, 305 F.Supp.2d 1022, 1033-34 (N.D.Iowa 2004); Branstad v. Glickman, 118 F.Supp.2d 925, 937 (N.D.Iowa 2000); Uncle B’s Bakery, Inc. v. O’Rourke, 920 F.Supp. 1405, 1411 (N.D.Iowa 1996). These factors include (1) the movant’s probability of success on the merits, (2) the threat of irreparable harm to the movant absent the injunction, (3) the balance between the harm and the injury that the injunction’s issuance would inflict on other interested parties, and (4) the public interest. Dataphase, 640 F.2d at 114; accord Doctor John’s, Inc., 305 F.Supp.2d at 1033; Branstad, 118 F.Supp.2d at 937 (quoting similar factors from Entergy, Ark., Inc. v. Nebraska, 210 F.3d 887, 898 (8th Cir.2000)); Fed.R.Civ.P. 65(b)(1). The burden of establishing the propriety of a preliminary injunction is on the movant. Baker Elec. Coop., Inc. v. Chaske, 28 F.3d 1466, 1472 (8th Cir.1994); Modern Computer Sys., Inc., v. Modern Banking Sys., Inc., 871 F.2d 734, 737 (8th Cir.1989) (en banc). “ ‘No single [Dataphase ] factor in itself is dispositive; in each case all of the factors must be considered to determine whether on balance they weigh towards granting the injunction.’ ” Baker Elec. Co-op., 28 F.3d at 1472 (quoting Calvin Klein Cosmetics Corp. v. Lenox Labs., Inc., 815 F.2d 500, 503 (8th Cir.1987) (citing Dataphase )). Although the Dataphase standards are generally applicable to motions for preliminary injunctions in civil cases in this circuit, the court cannot pass on without comment on another candidate for articulation of the applicable standards — Iowa law. First, in a diversity, action, the federal court is not free to fashion rules of law from whole cloth. Jackson v. Anchor Packing Co., 994 F.2d 1295, 1310 (8th Cir.1993). In other diversity actions involving efforts by former employers to enjoin misappropriation of trade secrets by former employees, this court has considered whether the Erie doctrine, requiring application of state law to substantive questions in diversity cases, required application of state or federal standards to issuance of a preliminary injunction. See, e.g., Uncle B’s Bakery, Inc., 920 F.Supp. at 1422-23; see also Curtis 1000, Inc. v. Youngblade, 878 F.Supp. 1224, 1243-44 (N.D.Iowa 1995) (addressing whether Erie doctrine required application of state law albeit in the context of enjoining a former employee from violating a covenant not to compete). In both instances, the court concluded that it should apply federal rather than Iowa law to the determination of whether a preliminary injunction should issue in the case, because, the court found, federal courts are to apply their own rules of civil procedure, including Rule 65, which incorporates traditional federal equity practice for the issuance of preliminary injunctions. Uncle B’s, 920 F.Supp. at 1422-23; Curtis 1000, 878 F.Supp. at 1244. In the case at bar, the parties have not raised the question of whether state or federal law applies to the issuance of a preliminary injunction. In light of this fact, and the fact that this court has decided the same question in prior decisions and finds no ground to abandon those decisions, this court shall again look to the federal standards, rather than state standards, to determine if a preliminary injunction should issue in this instance. Moreover, as was the case in Uncle B’s and Curtis 1000, the court concludes further that, as a practical matter, it is highly unlikely that application of federal rather than Iowa law to the question before the court would be “outcome determinative,” as Iowa courts apply roughly the same tests as do federal courts of this circuit to issuance of a preliminary injunction, although the Iowa standard may in fact be more lenient. Uncle B’s, 920 F.Supp. at 1422-23; Curtis 1000, 878 F.Supp. at 1244; accord PIC USA v. N.C Farm P’ship, 672 N.W.2d 718, 723 (Iowa 2003) (noting that under Iowa law the standards for granting temporary injunctions are similar to those for permanent injunctions); Max 100 L.C. v. Iowa Realty Co., Inc., 621 N.W.2d 178, 180 (Iowa 2001) (discussing, under Iowa law, the standards governing issuance of temporary injunctions); Emma Goldman Clinic v. Holman, No. 04-0678, 2005 WL 974759 at *1-2 (Iowa Ct.App. Apr.28, 2005) (discussing, briefly, temporary and permanent injunc-tive relief). Accordingly, the court will again apply the factors enunciated in Dataphase with respect to the merits of the current motion. “ ‘A district court has broad discretion when ruling on requests for preliminary injunctions, and [the appellate court] will reverse only for clearly erroneous factual determinations, an error of law, or an abuse of that discretion.’ ” Entergy, Ark., Inc., 210 F.3d at 898 (quoting United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1179 (8th Cir.1998)). As the Eighth Circuit Court of Appeals has also explained, These factors are not a rigid formula. However, “[t]he basis of injunctive relief in the federal courts has always been irreparable harm and inadequacy of legal remedies.” Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 506-07, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959). Thus, to warrant a preliminary injunction, the moving party must demonstrate a sufficient threat of irreparable harm. See Adam-Mellang v. Apartment Search, Inc., 96 F.3d 297, 299 (8th Cir.1996). Bandag, Inc. v. Jack’s Tire & Oil, Inc., 190 F.3d 924, 926 (8th Cir.1999); see Baker Elec. Co-op., 28 F.3d at 1472 (“No single factor in itself is dispositive; in each case all of the factors must be considered to determine whether on balance, they weigh towards granting the injunction. However, a party moving for a preliminary injunction is required to show the threat of irreparable harm.”) (internal quotation marks and citations omitted). B. Conñict of Laws Before embarking on a consideration of the Dataphase factors, the court must first resolve which state’s standards should be used to determine the validity and enforceability of the alleged trade secrets in question here — the standards of Iowa, where Tomasiello is currently employed and where the alleged misappropriation occurred, or the standards of Virginia, where Interbake is domiciled. 1. Iowa’s choice-of-law rules in tort cases The court has confronted the often knotty problem of what law applies to specific common-law and statutory claims in a diversity action a number of times in recent years. See Jones ex rel. Jones v. Winnebago Indus. Inc., 460 F.Supp.2d 953, at 963-72, No. C05-3042-MWB, 2006 WL 3095946, at *7-15 (N.D.Iowa Nov. 1, 2006); Jones Distrib. Co., Inc. v. White Consol. Indus., Inc., 943 F.Supp. 1445, 1458 (N.D.Iowa 1996); Harlan Feeders, Inc. v. Grand Labs., Inc., 881 F.Supp. 1400 (N.D.Iowa 1995); Curtis 1000, 878 F.Supp. at 1251-54. To resolve the issue of which state’s law applies to Interbake’s claims, the court looks to the conflict-of-laws or choice-of-law rules of the state of Iowa, because in an action based upon diversity of citizenship jurisdiction, a federal district court must apply the substantive law of the state in which it sits, including its conflict-of-laws or choice-of-law rules. Harlan Feeders, Inc., 881 F.Supp. at 1403-04 (citing, inter alia, Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941)); accord Colonial Ins. Co. of Cal. v. Spirco Envtl., Inc., 137 F.3d 560, 561-62 (8th Cir.1998) (“ ‘Federal district courts must apply the choice-of-law rules of the state in which they sit when jurisdiction is based on diversity of citizenship.’ ”) (quoting Whirlpool Corp. v. Ritter, 929 F.2d 1318, 1320 (8th Cir.1991)); Penney v. Praxair, Inc., 116 F.3d 330, 338 n. 4 (8th Cir.1997) (“Sitting in diversity, a district court is bound to apply the choice of law rules of the state in which it sits.... ”). However, before any choice of law need be made, there must be a “true conflict” between the laws of the possible jurisdictions on the pertinent issue. Id. at 1404; accord Phillips v. Marist Soc’y of Wash. Province, 80 F.3d 274, 276 (8th Cir.1996) (agreeing with the statement of Judge Richard A. Posner that “ ‘before entangling itself in messy issues of conflict of laws a court ought to satisfy itself that there actually is a difference between the relevant laws of the different states.’ Barron v. Ford Motor Co. of Canada, Ltd., 965 F.2d 195, 197 (7th Cir.1992), cert. denied, 506 U.S. 1001, 113 S.Ct. 605, 121 L.Ed.2d 541 (1992),” and simply applying the law of the forum where there was no true conflict). Here, however, significant differences exist between the two states’ Uniform Trade Secrets Acts so as to qualify as a “true conflict.” For example, the Virginia Uniform Trade Secrets Act differs from Iowa’s Uniform Trade Secret Act because the Virginia Act preempts almost all common law claims that are based on alleged trade secret misappropriation. See Va.Code § 59.1-341; see also Smithfield Ham & Prods. Co. v. Portion Pac, Inc., 905 F.Supp. 346, 348 (E.D.Va.1995). In order to avoid preemption under Virginia law, a common law claim must be supported by facts unrelated to the misappropriation of a trade secret. Id. at 348-49. In addition, Interbake must be able to prove that it could lose its misappropriation of trade secret claim under the Virginia Uniform Trade Secrets Act and yet still recover on its other theories of liability. Id. Iowa’s Uniform Trade Secrets Act does not preempt common-law claims. Moreover, and perhaps more imperative to the claims at issue in this case, there is a conflict with respect to the applicability and enforceability of the inevitable disclosure doctrine. Although the Iowa Supreme Court has not affirmatively ruled on the viability of such a doctrine in Iowa, at least one federal court in Iowa has determined that the Iowa Trade Secrets Act provides protection from the inevitable disclosure of trade secrets. See generally Barilla Am., Inc. v. Wright, No. 4-02-CV-90267, 2002 WL 31165069 (S.D.Iowa July 5, 2002). In stark contrast, however, at least one Virginia court has concluded that the Virginia Uniform Trade Secrets Act does not recognize such a theory of liability. Gov’t Tech. Servs., Inc. v. IntelliSys Tech. Corp., 1999 WL 1499548 (Va. Cir. Oct.20, 1999). These differences are sufficient to warrant a colloquy with respect to which state’s law should be applied in this case. The first step in determining the actual choice-of-law is to determine the proper characterization of what kind of claim is involved, and the law of the forum controls this question as well. Id. at 1404. As this court observed in Harlan Feeders: Iowa applies the “most significant relationship test” to conflict-of-laws or choice-of-law questions involving either contract or tort claims. See Christie v. Rolscreen Co., 448 N.W.2d 447, 450 (Iowa 1989) (recognizing that the “most significant relationship” test applies to tort causes of action) (citing Zeman v. Canton State Bank, 211 N.W.2d 346, 349 (Iowa 1973)); Cameron v. Hardisty, 407 N.W.2d 595, 597 (Iowa 1987) (tort); Cole v. State Auto. & Cas. Underwriters, 296 N.W.2d 779, 781 (Iowa 1980) (contract); Zeman, 211 N.W.2d at 349 (tort issue); Lindstrom v. Aetna Life Ins. Co., 203 N.W.2d 623 (Iowa 1973) (contract issue); Berghammer v. Smith, 185 N.W.2d 226 (Iowa 1971) (tort issue); In re Marriage of Whelehel, 476 N.W.2d 104, 109 (Iowa Ct.App.1991) (in marital property case, the court noted that “[i]n other areas of the law, Iowa has adopted, as choice-of-law doctrine, the ‘most significant relationship’ rule espoused by the Restatement (Second) of Conflict of Laws, ” citing Lindstrom and Berghammer); see also Drinkall [v. Used Car Rentals, Inc.], 32 F.3d [329,] 331 [ (Iowa 1994) ] (citing Cameron, 407 N.W.2d at 597 (tort), and Cole, 296 N.W.2d at 781 (contract)); [Smith v.] Gould, Inc., 918 F.2d [1361,] 1363 n. 3 [ (8th Cir.1990) ] (citing Cole (contract), and Zeman (tort)). However, the factors the court is to consider are not identical in the context of torts and contracts.... Harlan Feeders, 881 F.Supp. at 1405. At issue in Interbake’s motion are primarily tort elaims-misappropriation and conversion claims. Thus, the court turns to the application of appropriate factors for tort claims under Iowa’s “most significant relationship” test. For tort claims, the Iowa Supreme Court has stated that “[c]onsiderations [in the most significant relationship test] include: place of injury, place of conduct leading to the injury, domicile of the parties, and the place where any relationship between the parties is centered.” Harlan Feeders, 881 F.Supp. at 1409 (quoting Zeman, 211 N.W.2d at 349; see also Christie, 448 N.W.2d at 450 (quoting Zeman)). These are also the factors listed in Restatement (Second) of Conflict of Laws § 145(2), which the Iowa Supreme Court has adopted. Cameron, 407 N.W.2d at 597; accord Veasley v. CRST Int’l, Inc., 553 N.W.2d 896, 897-98 (Iowa 1996). However, this court has noted that the first factor, place of injury, now receives only “limited weight.” Harlan Feeders, 881 F.Supp. at 1409. 2. Application of Iowa’s choice-of-law rules With respect to this first factor, the Restatement further qualifies this rule, stating: Situations do arise, however, where the place of injury will not play an important role in the selection of the state of applicable law.... This will ... be so when ... there may be little reason in logic or persuasiveness to say that one state rather than another is the place of injury, or when ... injury has occurred in two or more states. Restatement (Second) of Conflicts of Laws § 145 cmt. f. The Restatement further states that “the place of injury is less significant in the case of ... unfair competition ... and the misappropriation of trade values.” Id. The Restatement’s explanation for the unimportance of the place of injury in cases of misappropriation of trade values is directly applicable here: The injury suffered through false advertising is the loss of customers or of trade. Such customers or trade will frequently be lost in two or more states. The effect of the loss, which is pecuniary in its nature, will normally be felt most severely at the plaintiffs headquarters or principal place of business. But this place may have only a slight relationship to the defendant’s activities and to the plaintiffs loss of customers or trade. The situation is essentially the same when misappropriation of the plaintiffs trade values is involved, except that the plaintiff may have suffered no pecuniary loss but the defendant rather may have obtained an unfair profit. Id. Equally applicable here is the conclusion that in such cases, “the place of injury does not play so important a role for choice-of-law purposes ... as in the case of other kinds of torts[and that ijnstead, the principal location of the defendant’s conduct is the contact that will usually be given the greatest weight in determining the state whose local law determines the rights and liabilities that arise.” Id. Thus, in the case at bar, the “place of injury,” at least in one aspect, is arguably the state of Virginia as that is where Interbake’s principal place of business is located. However, the place of injury could also be construed as the state of Iowa because that is where the allegedly injurious misappropriations took place. See Dethmers Mfg. Co. v. Automatic Equip. Mfg. Co., 23 F.Supp.2d 974, 1004-05 (N.D.Iowa 1998) (discussing the “place of injury” factor). However, this factor does not appear to weigh in favor of either state’s law. Moreover, even assuming this factor weighed more heavily in favor of Virginia law as alleged by the defendants, as mentioned previously, this factor, though significant, does not weigh as heavily in the court’s interest analysis as other factors and is not dispositive in this case. See id. (noting the place of injury was not decisive in the court’s choice of law analysis). Turning to the next factor, although the effect of Interbake’s loss may have been felt in Virginia, where its principal place of business is located, defendant BoDeans allegedly obtained an unfair profit in Iowa. Further, although the effects of the injury arguably may have been felt the greatest in Virginia, the vast majority of the allegedly improper conduct occurred or is threatened to occur in Iowa at BoDeans’s Le Mars facility. Although the defendants argue that the allegedly improper conduct occurred in both Virginia and Iowa, based on the fact that Tomasiello acquired the allegedly protected information in Virginia, this court disagrees. The defendants contend that Tomasiello’s procurement of Interbake’s trade secrets was improper and that this improper acquisition occurred in Virginia. However, To-masiello properly was privy to Interbake’s trade secrets and it does not appear that Tomasiello improperly obtained any trade secrets, i.e. obtained secrets he would not have had access to by virtue of his position at Interbake. Contra Flavorchem Corp. v. Mission Flavors & Fragrances, Inc., 939 F.Supp. 593, 595 (N.D.Ill.1996) (finding that location of the tort occurred in separate states in a case where a former employee illegally copied certain flavor formulas from the plaintiff and then used the formulas to start his own business in a different state). Moreover, even if Toma-siello’s conduct was improper, the importance of this one fact is outweighed, clearly, by the numerous allegations of tortious conduct that took place in Iowa. Thus, the court concludes that the vast majority of defendants’ alleged tortious conduct occurred in Iowa, not Virginia. The third factor, the domicile of the parties also weighs in favor of application of Iowa law. The BoDeans defendants are Iowa corporations with their principal places of business located in Le Mars, Iowa. Larry Tomasiello is also domiciled in Iowa. Only the plaintiff, Interbake, is located outside of Iowa as a Delaware Corporation with its principal place of business in Virginia. On balance, this factor weighs in favor of Iowa law. In addition, the court notes that the defendants’ domicile is particularly important in this case because it is the location where the information was allegedly used or the benefit of the use by the, defendant was allegedly enjoyed. Moreover, a special emphasis on this contact makes sense in light of Iowa’s strong interest in restricting the intentional tortious acts of its own citizens and in protecting its citizens from future wrongs by these same bad actors. C.f. Fleet Mgmt. Sys., Inc. v. Archer-Daniels-Midland Co., 627 F.Supp. 550, 564 (C.D.Ill.1986). While the defendants point out that Virginia has an important interest in ensuring adequate compensation for corporations within its borders, the court finds that this interest is adequately protected by Iowa’s interest in remedying and preventing deceptive business practices. Id. Finally, the last contact to be considered in the court’s interest analysis is the place where the relationship between the parties is centered. In the instant case, this factor does not appear to favor either Virginia or Iowa. Although Tomasiello worked for Interbake in Virginia, he later worked for BoDeans in Iowa. The record suggests that the parties’ relationship was equally based in both states. Thus, because Iowa has the most significant contact to (and thus, the greatest interest in) this case, the court holds that Iowa law governs all of the plaintiffs statutory and common law claims related to the defendants’ alleged misappropriation of Interbake’s trade secrets and confidential information. This conclusion is bolstered by the Restatement. For example, the Restatement provides the following illustration: “Likewise, when a person in State X writes a letter about the plaintiff which is received in state Y, the local law of Y, the state where the publication occurred, will govern most issues in tort....” Thus, as this illustration makes clear, the law of the state where the alleged wrong was committed generally applies, not the place where the injury is felt, i.e., the place of plaintiffs domicile. See Flavorchem Corp., 939 F.Supp. at 597 (“Generally, courts have held that the location of a defendant’s business is the place where the alleged wrong was committed because that is where the information was used and the benefit obtained by the defendant.”). Accordingly, the court will apply Iowa law to the plaintiffs claims. C. Application Of The Standards The court will consider Inter-bake’s Motion for a Preliminary Injunction in light of each of the Dataphase factors in turn, to determine whether these factors weigh in favor of enjoining, to some extent, the conduct of either Tomasiello or BoDe-ans. The court reserves, for further consideration below, the question of the extent of the scope of any injunctive relief, should the court first determine that issuance of a preliminary injunction is appropriate. 1. Likelihood of success on the merits The first factor considered by the courts under Dataphase when ruling on an application for a TRO or preliminary injunction is the likelihood or probability of success on the merits. Pottgen v. Mo. State High Sch. Activities Ass’n, 40 F.3d 926, 929 (8th Cir.1994). When considering this factor, the court is not deciding whether the movant for a preliminary injunction will ultimately win. Glenwood Bridge, Inc. v. City of Minneapolis, 940 F.2d 367, 371 (8th Cir.1991); O’Connor v. Peru State Coll., 728 F.2d 1001, 1002 (8th Cir.1984) (in such preliminary proceedings, “the court should avoid deciding with any degree of certainty who will succeed or not succeed.”). In isolation, the likelihood of sue-cess on the merits is meaningless. Glenwood Bridge, 940 F.2d at 371 (quoting similar language in Dataphase). Therefore, the court must consider other factors, especially the threat of irreparable harm. Id. In order to weigh in the movant’s favor, the movant’s success on the merits must be “at least ... sufficiently likely to support the kind of relief it requests.” Sanborn Mfg. v. Campbell Hausfeld/Scott Fetzer Co., 997 F.2d 484, 488 (8th Cir.1993) (action under the Lanham Act in which the court concluded that either result argued by the opposing parties was directly supported by the evidence presented). Thus, likelihood of success on the merits requires that the movant find support for its position in governing law. See, e.g., Baker Elec. Co-op., 28 F.3d at 1473-74 (Indian tribe’s sovereignty to regulate electrical services); ILQ Inv., Inc. v. City of Rochester, 25 F.3d 1413, 1416 (8th Cir.1994) (first amendment and prior restraint of expression); City of Timber Lake v. Cheyenne River Sioux Tribe, 10 F.3d 554, 556-58 (8th Cir.1993) (Indian tribe’s regulatory authority and authority of states to regulate activities on tribal lands); Aziz v. Moore, 8 F.3d 13, 15 (8th Cir.1993) (denial of injunctive relief proper because federal courts “must abstain from imposing injunctions on prison officials [in an action under 42 U.S.C. § 1983 action] ‘in the absence of a concrete showing of a valid claim and constitutionally mandated directives for relief,’ ” quoting Rogers v. Scurr, 676 F.2d 1211, 1214 (8th Cir.1982)). The court, therefore, must consider what law governs Interbake’s claims concerning misappropriation of trade secrets. a. The law governing trade secrets In this diversity action, the substantive law governing Interbake’s trade secrets claim is Iowa law. See generally Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); Austin v. Super Valu Stores, Inc., 31 F.3d 615, 618 (8th Cir.1994) (citing Erie); Jackson, 994 F.2d at 1310 (in a diversity action, the federal court is not free to fashion rules of law from whole cloth, but is instead bound to apply the law of the state in which it sits as far as it is able to discern it from the rulings of the state’s courts). The court finds that protection of trade secrets is a matter of Iowa statutory and common law. See 205 Corp. v. Brandow, 517 N.W.2d 548, 551 (Iowa 1994) (holding that by omitting a section of the uniform act, which would have specifically displaced all other trade secret recoveries, at the time the act was adopted by the Iowa legislature, “Chapter 550 has not preempted all tort theories involving trade secrets,” although duplicative recoveries would not be allowed; therefore, the court allowed claims of both misappropriation of trade secrets and inducement to breach a duty not to disclose confidential information); see also Diversified Fastening Sys., Inc. v. Rogge, 786 F.Supp. 1486, 1490-91 (N.D.Iowa 1991) (considering a statutory claim under Chapter 550 and a common-law breach of fiduciary duty not to disclose confidential information claim as alternative bases for granting a preliminary injunction to prevent disclosure of trade secrets). b. The Iowa Uniform Trade Secrets Act The Iowa legislature passed the Iowa Uniform Trade Secrets Act, Iowa Code Ch. 550, in 1990, and amended that act in 1991. See Iowa Acts 1990 (73 G.A.) ch. 1201; Iowa Acts 1991 (74 G.A.) ch. 35; see also Diversified Fastening Sys., 786 F.Supp. at 1491 (Iowa Code Chapter 550 was adopted in April of 1990). The Iowa Supreme Court has previously discussed the essential features of the Trade Secrets Act in Economy Roofing & Insulating Co. v. Zumaris, 538 N.W.2d 641 (Iowa 1995): Iowa Code section 550.3(1) (1991) provides that “[t]he owner of a trade secret may petition the district court to enjoin an actual or threatened misappropriation.” Iowa Code section 550.4(1) provides that “an owner of a trade secret is entitled to recover damages for the misappropriation.” Iowa Code section 550.2(4) defines a trade secret as information, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process that is both of the following: a. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by a person able to obtain economic value from its disclosure or use. b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Iowa Code § 550.2(4). Iowa Code section 550.2(3) in pertinent part defines misappropriation as doing any of the following: a. Acquiring] a trade secret by a person who knows that the trade secret is acquired by improper means. b. Disclos[ing] or us[ing] a trade secret by a person who uses improper means to acquire the trade secret. c. Disclos[ing] or us[ing] a trade secret by a person who at the time of disclosure or use, knows that the trade secret is derived from or through a person who had utilized improper means to acquire the trade secret. Iowa Code § 550.2(3). “Improper means” is defined as “theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage, including but not limited to espionage through an electronic device.” Iowa Code § 550.2(1). Econ. Roofing, 538 N.W.2d at 646; see 205 Corp., 517 N.W.2d at 550 (noting that sections 550.4 and 550.5 provide for damages or injunctions as recourse for misappropriation of trade secrets, respectively, and also quoting the statute’s definition of trade secrets in 550.2(4)); see also Pioneer Hi-Bred Int’l v. Holden Found. Seeds, 35 F.3d 1226, 1238 (8th Cir.1994) (finding that misappropriation of a trade secret under the common-law requires, inter alia, “improper means,” but that improper means are not necessarily unlawful, and further finding that direct evidence of improper conduct is not required, and is rarely available; therefore, circumstantial evidence is sufficient, and an inference of misappropriation from limited facts is warranted, particularly where the secret is so unique its duplication would probably be improper); Diversified Fastening Sys., Inc., 786 F.Supp. at 1490-91 (identifying the essential elements of the Iowa act as later stated by the Iowa Supreme Court in Economy Roofing). An essential element of a claim, for an injunction or damages, under the Trade Secrets Act is whether the information in question could legally constitute “trade secrets,” just as it was under the pre-existing common-law protection for trade secrets under Iowa law. See Econ. Roofing, 538 N.W.2d at 646-47 (reversing district court’s dismissal of trade secrets claim, because district court had erroneously concluded that the information in question “could never legally constitute trade secrets”); 205 Corp., 517 N.W.2d at 550-51 (also focusing on proper definition of “trade secret” to determine viability of claim under the act); US West Commc’ns, Inc., v. Office of Consumer Advocate, 498 N.W.2d 711, 714 (Iowa 1993) (same); see also Kendall/Hunt Publ’g Co. v. Rowe, 424 N.W.2d 235, 245-46 (Iowa 1988) (common-law claim of misappropriation of a trade secret, brought before the Uniform Trade Secrets Act had been adopted in Iowa, identified the elements of such a claim as “ ‘(1) existence of a trade secret, (2) acquisition of the secret as a result of a confidential relationship, and (3) unauthorized use of the secret’ ”) (quoting Basic Chems., Inc. v. Benson, 251 N.W.2d 220, 226 (Iowa 1977)); cf. Pioneer Hi-Bred Int’l, 35 F.3d at 1235 (finding that the elements of a common-law misappropriation of trade secrets claim under Iowa law are those stated in Basic Chemicals, Inc. v. Benson, 251 N.W.2d at 226) (citing Restatement of Torts, § 757 cmt. b (1939), as embodying the definition of a trade secret; the court was not, however, faced with a challenge to the definition of a trade secret, but only considered whether the plaintiff had failed to keep the genetic messages for seed corn in question “secret,” whether the defendant had actually possessed the protected genetic messages, and whether the defendant had obtained the material “by improper means.”); E.W. Bliss Co. v. Struthers-Dunn, Inc., 408 F.2d 1108, 1112 (8th Cir.1969) (stating elements of a common-law misappropriation of trade secrets claim identical to those stated in Basic Chemicals); Diversified Fastening Sys., 786 F.Supp. at 1491 (considering injunction under the Iowa Trade Secrets Act, and stating, “The court does not decide whether th[e] common law action [available under Iowa law prior to enactment of the uniform act] has been supplanted by Iowa Code Chapter 550, or whether elements of the tort outlined by the Iowa courts are equally applicable to an action under Chapter 550,” then citing the elements of the common-law claim of misappropriation of trade secrets under Iowa law as stated in Kendall/Hunt Publishing and Basic Chemicals). In a case decided shortly before Economy Roofing, the Iowa Supreme Court rejected any common-law definition of trade secrets as applicable under the trade secrets act, because the court found that “the words of the statute are plain and unambiguous.” Compare 205 Corp., 517 N.W.2d at 550, with Kendall/Hunt Publ’g, 424 N.W.2d at 246 (finding that an exact definition of a “trade secret” under the common law did not exist, and employing a multi-factor test to determine whether information was or was not a trade secret). In Economy Roofing, the Iowa Supreme Court reaffirmed its broad interpretation of the definition of “trade secret” under Iowa Code § 550.2(4): In a recent case we gave a broad interpretation of “information” that could legally constitute “trade secrets”: Under the plain language of [Iowa Code section 550.2(4) ] “trade secret” is defined as “information” and eight examples of this term are provided. Although these examples cover items normally associated with the production of goods, “trade secrets” are not limited to the listed examples. Business information may also fall within the definition of a trade secret, including such matters as maintenance of data on customer lists and needs, source of supplies, confidential costs, price data and figures. One commentator explains: Trade secrets can range from customer information, to financial information, to information about manufacturing processes to the composition of products. There is virtually no category of information that cannot, as long as the information is protected from disclosure to the public, constitute a trade secret. We believe that a broad range of business data and facts which, if kept secret, provide the holder with an economic advantage over competitors or others, qualify as trade secrets. US West Communications, Inc. v. Office of Consumer Advocate, 498 N.W.2d 711, 714 (Iowa 1993) (citations omitted). Econ. Roofing, 538 N.W.2d at 646-47 (emphasis in the original). The court, after reaffirming this broad interpretation of a “trade secret” under the act, noted that whether or not information in question constitutes a trade secret is “a mixed question of law and fact.” Id. at 648. The “legal part of