1. The “Elf on a Shelf” has seen a lot from the outside.  Make sure the employment agreement prevents them from sharing within. 
  2. If elves are working remote, make sure they know not to download the gift-wrapping procedure from the Workshop shared drive to personal devices.
  3. Distribute the “Naughty or Nice” list on a need to know basis only.
  4. No photographs of the sleigh allowed. 
  5. Don’t forget about the NDAs with the reindeer handlers and flight navigators. 
  6. Revisit the Workshop’s plan to limit disclosure of confidential information if a human finds their way in. 
  7. Review the applicable law of the North Pole to ensure Confidentiality Agreements are enforceable and do not violate an elf’s right to work at a competitor. 
  8. Do not mark gift wrapped toys as “Confidential,” since those gifts do not contain trade secret or confidential information.
  9. Confirm that trade secret protection is best for the innovations developed—the Workshop likely wants to keep them secret for as long as possible and not the limited lifespan patent protection offers. 
  10. Remind Mrs. Claus not to share information at the New Year’s Magical Creature Gathering— “Loose lips can unwrap gifts!”
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Photo of Paul Keller Paul Keller

Paul Keller is a first-chair intellectual property trial lawyer with nearly three decades of experience advising clients in high-stakes patent, trademark, copyright, and complex commercial matters, including successfully litigating disputes in federal and state courts in a range of jurisdictions. He also has…

Paul Keller is a first-chair intellectual property trial lawyer with nearly three decades of experience advising clients in high-stakes patent, trademark, copyright, and complex commercial matters, including successfully litigating disputes in federal and state courts in a range of jurisdictions. He also has extensive experience with alternative dispute resolution, including arbitration and mediation. A recognized leader in the field, he advises clients on a wide spectrum of technologies (from small molecule pharmaceuticals to lithium batteries) through bespoke strategies that meet the particular legal and business needs of the client. Clients consistently cite Paul’s “out of the box” thinking and use of strategies that align with the company’s global business objectives.

Some highlights of Paul’s varied experiences include:

High Tech

  • Artificial intelligence, IoT, distributed ledger, smart contract, 3D printing, eHealth, Big Data, 5G, encryption, and cryptocurrency technologies.
  • Self-driving tech, image processing, GPS systems, V2X communications, regenerative braking, and batteries.
  • Industrial equipment, recycling facilities, waste and water management; kinetic energy structures.

Life Science

  • Pharmaceutical and biotechnical matters for both innovator and generic manufacturers
  • Chemical and agriscience
  • Medical devices

In addition to his extensive litigation experience, Paul’s practice involves counseling clients on matters relating to the preparation and implementation of IP monetization strategies. This part of his practice includes IP asset valuations, competitive threat analyses, the preparation of legal offensive and defensive strategy “playbooks,” and licensing campaigns.

Paul’s thought leadership is reflected in his numerous publications, presentations, and speeches on IP issues as well as his involvement as the host of Crowell & Moring’s transportation-focused podcast, &Motion. Paul also is active in the firm’s pro bono program, focusing his community service efforts on defensive asylum cases before the U.S. Immigration Court.