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Beth McDaniel & u2028Steve McDaniel, JD, PhD, Technology Litigators
March 1, 2013
Non-competition.  The very term seems un-American.  In this country, we are all about competition, free, unfettered, plain old American competition.  Right?  Right.  That pretty much sums up the same attitude that the America…  Read More »
by Jonathan D. Hurt and Steve McDaniel, Technology Litigators
February 7, 2013
All right, you’ve spent the time and money to create and guard your trade secrets from misappropriation.  Wonderful!  But your business model is at least partly based on others paying you to use your trade secrets.  Perhaps you h…  Read More »
Steve McDaniel, Technology Litigators
January 15, 2013
The law imposes a “value” standard on trade secrets.  A trade secret is valuable (in one rendition of such laws) and thus protectable if it gives its owner “an opportunity to obtain an advantage over competitors who do not know…  Read More »
Steve McDaniel, Technology Litigators
December 20, 2012
In this space, we have spent considerable time discussing the laws of trade secrecy.  That’s what us lawyers do – geek out on the law.  But, if you look up under my crisp Armani suit (yeah, like I have one!), what you will find…  Read More »
Beth McDaniel, Technology Litigators
December 4, 2012
In this article, we will explore the situation where your trade secrets have been absconded in the hands of a mid-level employee, only to discover that you have failed to contractually protect yourself. No Non-Disclosure Agreement (NDA) exists to set out the limitations on disclosure of your trade secrets and remedies for misappropriation.  Read More »
Steve McDaniel, JD, PhD, Technology Litigators
October 10, 2012
One of your highest level managers, one with complete access to all your inside information and trade secrets, quits and immediately heads over to your direct competitor. He does not have a covenant-not-to-compete, and maybe not even a binding non-di…  Read More »
Steve McDaniel, JD, PhD; Jon Hurt, PhD; & Beth McDaniel, JD, Technology Litigators
July 24, 2012
Regardless of whether you have conducted a DIY trade secret audit (good idea) or not (not good - asking for trouble), you should consider finalizing your trade secret protection with a professional third party audit. Why? Because having your security…  Read More »
Steve McDaniel, JD PhD, Technology Litigators, Contributing Writer
June 5, 2012
The DIY approach looms large in certain sectors of our industry, with do-it-yourselfers painting everything from model cars to kitchens to yachts. As discussed in previous iPaint columns, trade secrets as a means to gain competitive edges also have a…  Read More »
Steve McDaniel, JD, PhD, Technology Litigators & Paul Stanfield, JD, Stanfield Hiserodt, PLLC
May 15, 2012
Queen’s Counsel: You have testified to this Court that you personally handed any bloke who walked into my client’s front office the computer code that contains its trade secrets, no questions asked. Is that right, Mr. Smythe? Witness: Wh…  Read More »
Patent Pendency: A Great Reason to Cherish Your Trade Secrets
Steve McDaniel, JD, PhD; and Jon Hurt, PhD, Technology Litigators
April 19, 2012
So, rather than protecting your product and your market share using trade secrets, you opt to patent your new and exciting additive, coating formulation, paint container, paint sprayer, etc., in the United States. Let’s say the U.S. is a huge m…  Read More »
Trade Secrets and Employees: Are you covering your Ass(ets)?
Beth McDaniel, JD & Steve McDaniel, PhD, JD, Contributing Writers
March 19, 2012
Secret formulas, manufacturing pro­cesses, financial information, future product plans, customer lists…what are your trade secrets and what are you doing to protect them from inadvertent or intentional misuse or misappropriation by your ow…  Read More »
Would You Even Know A Trade Secret If It Jumped Up and Bit You Somewhere?
Steve McDaniel, PhD, JD, Contributing Editor
February 15, 2012
OK. We all know what trade secrets are, right? The formula for Coca Cola is supposedly in a heavily guarded vault in Atlanta (yeah, right). We can all probably agree that if someone swipes the Coke formula, they are guilty of trade secret theft (amon…  Read More »
If We Told You That, We’d Have To... You Know...
Steve McDaniel, PhD, JD, Technology Litigators, Contributing Editor
January 24, 2012
Protecting novel compositions and processes.  Read More »
Steve McDaniel and Jon Hurt, Contributing Editors
November 30, -0001
Maybe that’s a little harsh. But, that indeed WAS the punishment exacted by Chinese emperors for several thousand years upon anyone caught attempting to export Bombyx mori (silkworms) or mulberry seeds (Morus alba) in order to start internation…  Read More »
Steve McDaniel, JD, PhD, Technology Litigators
November 30, -0001
A “protective wall of paper”—a series of documents including agreements and restrictive covenants to protect your trade secrets—is your first line of defense against the techno-thief (“The Wall”). Kinda like a lock…  Read More »

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