The type of the verdict form used at trial is usually not given great consideration at the outset of the lawsuit. However, the form of the verdict form has the potential to play a key role in the ultimate trial outcome because the jury’s decision, and appellate review of that decision, are deeply impacted by…
Continue reading ›The act of misappropriating a trade secret is not one size fits all because there are two different types of misappropriation – acquisition and disclosure or use. Fla. Stat. § 688.002. Misappropriation under the acquisition theory occurs when a person obtains the trade secret knowing it was acquired through improper means or possesses reason to…
Continue reading ›Trade secret owners often face a dilemma when debating whether to prosecute a lawsuit against another for trade secret misappropriation. The trade secret owner can bring the lawsuit and risk exposing the trade secret even more in the court proceeding. Conversely, the trade secret owner can refrain from bringing the lawsuit to prevent exposure in…
Continue reading ›The federal trade secret statute offers trade secret owners broad protections protecting their trade secrets. A trade secret owner may prosecute a trade secret misappropriation lawsuit against another who intends to convert a trade secret forthe economic benefit of anyone other than the owner. The statute covers those that (1) steal or attempt to steal…
Continue reading ›Trade secret laws can offer broad protections for products during the conceptualization, design, test, and improvement phases when patentability is often uncertain. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) (stating that “protections of state trade secret law are most effective at the developmental stage, before a product has been marketed…
Continue reading ›Litigants should carefully consider the type of evidence they will need to establish their claims at trial because litigants can unwittingly waive their right to claim certain privileges that would otherwise protect the information from disclosure. Some privileges like the well-known attorney client privilege, protects litigants against disclosure of information shared with their counsel during…
Continue reading ›Florida’s Deceptive and Unfair Trade Practices Act, or FDUTPA for short, is a broad statute applying to many different transactions and scenarios. FDUTPA declares all unfair or deceptive acts or practices committed in the conduct of any trade or commerce unlawful. Fla. Stat. § 501.204. A trade practice is considered unfair under FDUTPA if it…
Continue reading ›Most trade secret disputes arise intrastate or interstate. However, trade secret lawsuits are not limited actions occurring within a particular state or the United States. A trade secret plaintiff can assert a misappropriation claim for acts occurring outside the United Stated under certain conditions pursuant to the federal trade secret act known as the Defend…
Continue reading ›Trade secret statutes are generally similar. For example, Florida’s trade secret statute defines trade secrets as information deriving independent economic value from not being readily ascertainable by others through proper means and is the subject of reasonable efforts under the circumstances to maintain the information’s secrecy. Fla. Stat. § 688.002. California likewise defines trade secrets…
Continue reading ›Establishing the existence of a trade secret requires the plaintiff to prove it owns information that derives independent economic value from not being generally known to other persons, is not readily ascertainable by proper means by other persons, and is the subject of reasonable efforts under the circumstances to maintain the trade secret’s secrecy. Fla.…
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