Articles Posted in Trade Secrets

Florida employers who seek to protect their client lists from misappropriation by former employees will often need to show that the client list was a trade secret. This is important even when the former employee is subject to a non-compete agreement. This is because non-compete agreements cannot be enforced without a “legitimate business interest,” and…

Misappropriation of a trade secret can occur when there is an acquisition of another’s trade secret by improper means or through disclosure or use of a trade secret without consent by a person who used improper means to acquire the trade secret or knew that the trade secret was improperly acquired. Section 688.002, Florida Statutes.…

Companies often hire experienced sales and business development professionals to expand their business. A non-solicitation provision in an employment contract is intended to prevent post-termination solicitation of clients with whom the business has substantial relationships. When an employee brings clients to a company, it is important to distinguish whether the employee had a prior business…

There are circumstances when a business, who is not a party to a lawsuit, will be required to disclose its trade secret information to respond to a subpoena. Florida law provides safeguards for that disclosure to be made in a manner that still protects the business’ trade secrets. However, a business may need to vigorously…

Congress enacted the Defend Trade Secrets Act (DTSA) to supplement the state law trade secret protection available to aggrieved businesses. While the Florida Uniform Trade Secrets Act (FUTSA) and DTSA cover essentially identical conduct, the DTSA provides unique opportunities for plaintiffs to pursue their case in a federal forum and allows plaintiffs to seek an…

Companies in business litigation often want to sue persons who make slanderous statements or outright lies about them during legal proceedings. Under Florida’s absolute litigation privilege, a defendant may slander and lie and still be absolutely immune from a later lawsuit for defamation, tortious interference with a business relationship, and some other causes of action,…

Employees sometimes raid their employer’s trade secrets prior to quitting so that they may have an advantage starting up their own business or in their employment with a competitor. An aggrieved employer may sue under the Florida Uniform Trade Secrets Act (FUTSA) to recover those trade secrets and for any damages arising from the theft…

Business litigation between competitors often involves discovery of information that may be subject to trade secret protection. Parties will often enter stipulations for confidentiality orders to protect the information from third-party disclosure, however that may not protect a business from the damage caused by their competitor’s access to that information. Businesses must ensure that trial…

Florida law permits a business to seek an injunction when its trade secrets have been misappropriated. This can be a deceptively complex process for companies that are not familiar with trade secret law. To prevail on a motion for a temporary injunction, a plaintiff must not only show that what was taken qualifies as a…

Businesses in highly competitive industries often create and maintain highly confidential business information and trade secrets. Businesses spend substantial amounts of money curating this confidential information. To protect this investment, businesses must take steps to ensure the continued secrecy of its confidential information, such as limiting access and requiring employees with access to sign confidentiality…