Ben-Nadav Hafri

Now imagine I'm a major corporation in the real world. I'm infinitely more powerful than you. I'm Willy Wonka, and you are an Oompa Loompa. I tell you a secret, maybe one you don't even want to know, and then I say, by the way, I have eyes everywhere, and if you breathe a word of this secret to anyone, or even look as if you might breathe a word, I will destroy you. This is the crux of it.

Now imagine I'm a major corporation in the real world. I'm infinitely more powerful than you. I'm Willy Wonka, and you are an Oompa Loompa. I tell you a secret, maybe one you don't even want to know, and then I say, by the way, I have eyes everywhere, and if you breathe a word of this secret to anyone, or even look as if you might breathe a word, I will destroy you. This is the crux of it.

At their best, trade secrets protect valuable intellectual property from being stolen. But at their worst, they're a powerful tool for a company that wants to turn an employee into an Oompa Loompa. It used to be the easiest way to turn a human being into an Oompa Loompa was a non-compete clause. But Janie says that's going away.

At their best, trade secrets protect valuable intellectual property from being stolen. But at their worst, they're a powerful tool for a company that wants to turn an employee into an Oompa Loompa. It used to be the easiest way to turn a human being into an Oompa Loompa was a non-compete clause. But Janie says that's going away.

A lot of states are banning non-competes now, which is one of the reasons a company might come to Louis Del Giudice, IP expert, to help identify and protect their secrets. Could you make that bit in a secret room? Can you have a black vault in the office? Could there be a secret codebook?

A lot of states are banning non-competes now, which is one of the reasons a company might come to Louis Del Giudice, IP expert, to help identify and protect their secrets. Could you make that bit in a secret room? Can you have a black vault in the office? Could there be a secret codebook?

But trade secrets can have a dangerous power.

But trade secrets can have a dangerous power.

Trade secrets are the only intellectual property protection that can last forever. And because of that permanence and the way we're geared to think about secrets already, they have a kind of mystical aura. In our secular, disenchanted world, they are the closest thing we have to magic. The most famous ones are the recipes. Coca-Cola's secret formula. KFC's 11 spices.

Trade secrets are the only intellectual property protection that can last forever. And because of that permanence and the way we're geared to think about secrets already, they have a kind of mystical aura. In our secular, disenchanted world, they are the closest thing we have to magic. The most famous ones are the recipes. Coca-Cola's secret formula. KFC's 11 spices.

The exact way to create Wrigley's gum. But actually, a whole lot of things can be trade secrets. Software code, financial information. You may know a trade secret and not even totally realize it. But a good way to recognize one is the nooks and crannies test. This feels like a good transition to me to Bimbo Bakeries versus Botticella.

The exact way to create Wrigley's gum. But actually, a whole lot of things can be trade secrets. Software code, financial information. You may know a trade secret and not even totally realize it. But a good way to recognize one is the nooks and crannies test. This feels like a good transition to me to Bimbo Bakeries versus Botticella.

Can you tell me how you came across the case and how you teach it?

Can you tell me how you came across the case and how you teach it?

Bimbo Bakeries vs. Botticella. It seemed like every lawyer I talked to knew about the case. It wasn't a precedent so much as a legend. A piece of lore. A fairytale warning about the Oompa Loompa who took the everlasting gobstopper out of Willy Wonka's factory and tried to sell it to a competitor. Like any good fairy tale, it's a good teaching tool because the moral's clear.

Bimbo Bakeries vs. Botticella. It seemed like every lawyer I talked to knew about the case. It wasn't a precedent so much as a legend. A piece of lore. A fairytale warning about the Oompa Loompa who took the everlasting gobstopper out of Willy Wonka's factory and tried to sell it to a competitor. Like any good fairy tale, it's a good teaching tool because the moral's clear.

Except, then I realized, the lessons of this case aren't clear at all. If somehow you missed the 2017 edition of the Pennsylvania Super Lawyers magazine, I would encourage you to look it up. Specifically an article titled, I Can Do That, about a Pennsylvania super lawyer named Elizabeth Ainsley. Liz Ainsley is fearless. She was head of the Eastern District of Pennsylvania's fraud team.

Except, then I realized, the lessons of this case aren't clear at all. If somehow you missed the 2017 edition of the Pennsylvania Super Lawyers magazine, I would encourage you to look it up. Specifically an article titled, I Can Do That, about a Pennsylvania super lawyer named Elizabeth Ainsley. Liz Ainsley is fearless. She was head of the Eastern District of Pennsylvania's fraud team.

As Super Lawyers magazine puts it, quote, Ainsley has represented whistleblowers in several major cases, defended and prosecuted high-profile RICO cases against law firms and pharmaceutical companies, defended a major national bank in a lender liability trial, and successfully defended the New York Times in a federal defamation trial. End quote. Legend.

As Super Lawyers magazine puts it, quote, Ainsley has represented whistleblowers in several major cases, defended and prosecuted high-profile RICO cases against law firms and pharmaceutical companies, defended a major national bank in a lender liability trial, and successfully defended the New York Times in a federal defamation trial. End quote. Legend.