A company suing for trade secret misappropriation should be cognizant of whether it must prove ownership over the trade secret. Some trade secret statutes require ownership to establish the claim, while other statutes do not. For example, a Florida business can probably sue for trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA)…
Continue reading ›It is a good practice for businesses to require its employees to sign restrictive covenants, such as non-compete and confidentiality agreements, to protect trade secrets or confidential business information. If an employee breaches the restrictive covenant, the business could file a lawsuit against the employee to enforce the restrictive covenant. To succeed in the lawsuit,…
Continue reading ›Recovering attorney’s fees is governed by the American Rule. This rule generally prohibits a party from recovering his or her attorney’s fees unless the fees are expressly permitted pursuant to a contract, statue, or rule. Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 (Fla. 4th DCA 2020) (“Under the American rule, a…
Continue reading ›“Parties to a contract may stipulate to a particular forum in which to resolve future disputes.” Rudman v. Numismatic Guar. Corp. of Am., 298 So. 3d 1212 (Fla. 3d DCA 2020). These clauses are known as forum selection clauses and presumed to be valid unless the party resisting enforcement can demonstrate the clause is unjust…
Continue reading ›Protecting trade secrets can be critical to a business. Trade secrets are defined as information that “(a) [d]erives independent economic value . . . from not being generally known to, and not readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) [i]s the…
Continue reading ›It is no surprise that trade secrets must be secret to qualify as a trade secret. But what does not that mean? Statutes like Florida’s Uniform Trade Secret Act dictate that trade secrets must “derive[ ] independent economic value… from not being generally known to, and not being readily ascertainable by proper means by, other…
Continue reading ›The Defend Trade Secrets Act and similar state statutes create a civil cause of action for misappropriating another’s trade secrets. 18 USC § 1836 (“An owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in, or…
Continue reading ›It is of great importance that businesses protect their trade secrets because disclosure to competitors can have significant negative impact. Disclosure many even be ruinous. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related claims of fraud, non-compete agreement litigation, trade secret…
Continue reading ›According to the Florida Uniform Trade Secrets Act (FUTSA), business information must be secret to qualify as a trade secret. FUTSA defines trade secrets as “information . . . that [d]erives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic…
Continue reading ›A trade secret could be the lifeblood of a business, and it is critical for businesses to protect their trade secrets. If a business’ trade secret is misappropriated, the business likely will want to commence litigation. What remedies can the business obtain for the trade secret misappropriation? Determining the remedies for trade secret misappropriation is…
Continue reading ›
