Ben-Nadav Hafri

I'm speaking with Louis Del Giudice, partner at the major law firm Troutman Pepperlock, in a conference room high above Manhattan. This is where my lawyer sent me when I asked about cranny law. Louis is an expert in intellectual property. He says a lot of people come to him to determine if they have their own trade secrets.

I'm speaking with Louis Del Giudice, partner at the major law firm Troutman Pepperlock, in a conference room high above Manhattan. This is where my lawyer sent me when I asked about cranny law. Louis is an expert in intellectual property. He says a lot of people come to him to determine if they have their own trade secrets.

And he tells them, sit down, my friends, and let me teach you the lessons of the muffin.

And he tells them, sit down, my friends, and let me teach you the lessons of the muffin.

Actually, it's fewer than 10, but we'll get to that. Trade secrets are one of the pillars of IP protection in the United States, along with patents, trademarks, and copyright. But unlike the others, a trade secret never expires. And the muffin case is one of the best examples of a trade secret's power and how to protect it. Louie was not involved in the case directly, but he studied it at length.

Actually, it's fewer than 10, but we'll get to that. Trade secrets are one of the pillars of IP protection in the United States, along with patents, trademarks, and copyright. But unlike the others, a trade secret never expires. And the muffin case is one of the best examples of a trade secret's power and how to protect it. Louie was not involved in the case directly, but he studied it at length.

In any telling, he begins by introducing the defendant, a former Grupo Bimbo employee named Chris Botticella.

In any telling, he begins by introducing the defendant, a former Grupo Bimbo employee named Chris Botticella.

It's 2010, the year after Grupo Bimbo acquired Thomas'. According to documents presented in court, the information required to produce a Thomas' English muffin is known by only seven people at the company. It's kept in secret code books that only a few people have access to. Botticella, as a senior executive, is one of those people.

It's 2010, the year after Grupo Bimbo acquired Thomas'. According to documents presented in court, the information required to produce a Thomas' English muffin is known by only seven people at the company. It's kept in secret code books that only a few people have access to. Botticella, as a senior executive, is one of those people.

He oversees a facility in Placentia, California, where the muffins are made. He's been in the industry since he was 16 and has risen through the ranks through sheer skill until finally he's reached the pinnacle. Bimbo Bakery's executive of almost a decade. But lately, Chris has been unhappy.

He oversees a facility in Placentia, California, where the muffins are made. He's been in the industry since he was 16 and has risen through the ranks through sheer skill until finally he's reached the pinnacle. Bimbo Bakery's executive of almost a decade. But lately, Chris has been unhappy.

Chris gets a job offer at Hostess, famed owner of Twinkies, one of Bimbo's only competitors, but just barely. Hostess had just gone through bankruptcy. Hostess was a possible target for Bimbo acquisition, but then Bimbo would have owned almost every baked good on the planet, and at that point, where's the fun?

Chris gets a job offer at Hostess, famed owner of Twinkies, one of Bimbo's only competitors, but just barely. Hostess had just gone through bankruptcy. Hostess was a possible target for Bimbo acquisition, but then Bimbo would have owned almost every baked good on the planet, and at that point, where's the fun?

Chris probably knew that Grupo Bimbo wasn't gonna be thrilled about the Hostess of it all, but he wants to get his year-end bonus, so he doesn't leave right away.

Chris probably knew that Grupo Bimbo wasn't gonna be thrilled about the Hostess of it all, but he wants to get his year-end bonus, so he doesn't leave right away.

Chris signs with Hostess in October. His start date is January. The weeks tick by. Chris finally announces he's leaving Bimbo, but he doesn't say he's going to a new job. Given his long tenure, his colleagues probably assume he's retiring. According to court documents, he asked about how to enroll in health coverage.

Chris signs with Hostess in October. His start date is January. The weeks tick by. Chris finally announces he's leaving Bimbo, but he doesn't say he's going to a new job. Given his long tenure, his colleagues probably assume he's retiring. According to court documents, he asked about how to enroll in health coverage.

Does Hostess have an English muffin? Not yet. Fuck. HR calls Chris.

Does Hostess have an English muffin? Not yet. Fuck. HR calls Chris.