Many businesses create new business concepts. A business concept, however, does not automatically evolve from an interesting idea to a legally protected trade secret. A concept doesn’t need to be built to be protected, but the concept needs enough substance to be economically valuable and for a court to know what it’s protecting. Peter Mavrick…
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Florida law can protect companies when their trade secrets are stolen. For such protections to apply, the confidential information at issue must qualify as a “trade secret” as defined by the Florida Uniform Trade Secrets Act (“FUTSA”). Fla. Stat. 688.001, et seq. Generally, something can be a trade secret if derives “independent economic value from…
Continue reading ›Protection of trade secrets and proprietary information is critical when a business receives a subpoena for its business information and documents. Even when a business is not a party to a lawsuit, it can be compelled to produce sensitive information that can cause irreparable harm. It is often necessary to seek an order of protection…
Continue reading ›Protection of trade secrets and proprietary information is critical, when a business receives a subpoena for their business information and documents. Even when a business is not a party to a lawsuit, it can be compelled to produce sensitive information that can cause irreparable harm. It is often necessary to seek an order of protection…
Continue reading ›Businesses submitting licensing applications with state or local government agencies are often required to file confidential documents and financial records. The State of Florida has a broad public records policy requiring that “all state, county, and municipal records…[shall be]…open for personal inspection and copying by any person.” Florida Statute § 119.01(1). Businesses are often confronted…
Continue reading ›To protect their trade secrets and other valuable confidential information, former employers have sued former employees for breach of their non-compete agreements, along with additional causes of action. The factual basis for these additional causes of action and damages therefrom, are typically based on the same factual allegations that form the action for breach of…
Continue reading ›A temporary injunction is often an effective protection for to prevent an adversary from using stolen trade secrets, such as a customer list. Peter Mavrick is a Fort Lauderdale trade secret lawyer who represents businesses in trade secret litigation. In the case of I.C. Systems, Inc. v. Oliff, 824 So. 2d 286 (Fla. 4th DCA…
Continue reading ›Businesses often envision that litigation over trade secrets will generally involve a direct lawsuit by or against a person or company that steals or divulges such information in violation of a position of trust. However, trade secrets can come under attack by way of a discovery requests in litigation where the owner of the trade…
Continue reading ›Trade secrets are a form of intellectual property that are maintained in secrecy. There is no bright line rule that the courts use to determine whether an employee should be enjoined from utilizing a corporation’s trade secrets. The courts must first determine whether the information in question constitutes a trade secret. Courts also look to…
Continue reading ›Intellectual property is the foundation for innovation and ingenuity. Protecting your intellectual property rights, both as an individual or business, is essential to maintaining an economic advantage over your competitors. Trade secrets are one of the most controversial forms of intellectual property because the information is maintained in secrecy. By contrast, other intellectual property, such…
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