"Correct me if I am wrong but didnt SM go back to work for his former employer and "potentionally" and "unintentionally" share intillectual property?

Is he considered friendly at this point?"

I don't recall if he did or not, so maybe someone else can answer your question, but;

I hope he did, intentially or unitentionally, share our IP.

When key personel privy to confidential info, BOD members etc leave, there is usually a manditory signing of a confidentiality agreement, that can get one in a heap big legal mess if one leaks info.

If he did, and DM can show such, he's a friend...lol.