Overview
Fabio Marino and Russell Hayman led the McDermott team that successfully defended Canadian memory storage company Diablo Technologies against charges of trade secret theft in a two-week trial that Mr. Marino called a “bet-the-company situation.” McDermott argued, in Mr. Marino’s words, that “the only overlap between the two products [at issue] was that they both use a memory module that fits into a slot.” The jury agreed, rejecting eight counts of trade secret misappropriation because the product information itself wasn’t a trade secret.