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  • Who Let the State Legislatures Out?

    Steve McDaniel & Jon Hurt || December 18, 2015
    What do you do if someone misappropriates confidential information that is not deemed (ultimately by a court, when push comes to shove in such matters) a trade secret?  Well, depending upon what state in the U.S. has jurisdiction in your case, y…

  • Tying and Bundling - Nice For Your Holiday Giving, Not so Much When You’re Licensing Your IP

    Steve McDaniel, Technology Litigators || November 13, 2015
    You’ve developed a cool new additive for a broad spectrum of coatings – even those coatings outside your own “wheelhouse” coatings.  Happens a lot, right?  In order to maximize the return on your R&D investment b…

  • The Hot Potato – Handling Someone Else’s Trade Secret

    Steve McDaniel and Jon Hurt , Technology Litigators || July 20, 2015
    If you find yourself inadvertently in possession of someone else’s trade secret that you are accused of misappropriating, what are your options to defend yourself?  As always, it is circumstance specific.  Your first defense agains…

  • Death, Taxes, Trade Secrets and Other Certainties

    Steve McDaniel and Jon Hurt , Technology Litigators || June 17, 2015
    Since many of you like to take the extension to file taxes these days (we did), and you have a little time to prepare for next April, now is a good time as any to apply the “early bird gets the worm” strategy should any of the following i…

  • The Secret about Trade Secrets (In Europe)

    Steve McDaniel and Jon Hurt, Technology Litigators || March 25, 2015
    Just in time for the European Coatings Show, we finally get around to focusing on protecting your “crown jewels” trade secrets in the EU. So here goes... In the continuing efforts to harmonize trade secret laws and regulations across na…

  • Hacked Off!

    Steve McDaniel, JD, PhD, Technology Litigators || October 23, 2013
    Whatever you do, take measures to lock up your sensitive information.

  • Non-Compete Agreements – One Size Does Not Fit All

    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…

  • How to Make a Buck or Two from Licensing Your Trade Secrets

    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…

  • Professional Strength Trade Secret Audits – Part I

    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…

  • Appropriate Punishment for Theft of Trade Secrets – Death By Beheading

    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…