A fiduciary relationship exists when an individual must act in the interests of another. Watkins v. NCNB Nat’l Bank of Fla., N.A., 622 So.2d 1063 (Fla. 3rd DCA 1993) (“To establish a fiduciary relationship, a party must allege some degree of dependency on one side and some degree of undertaking on the other side to…
Continue reading ›The federal Defend Trade Secrets Act, at 18 U.S.C. sections 1829(3) and (5), broadly defines trade secret misappropriation to include cases of improper use, disclosure, or acquisition of a trade secret. Under the federal trade secret statute, at 18 U.S.C. section 1839(3)(B), states that trade secret information “derives [its] independent economic value, actual or potential,…
Continue reading ›Sometimes litigants are asked to disclose trade secret information during the course of a lawsuit. These litigants usually object claiming the privilege of trade secret. See, e.g., Fla. Stat. § 90.506 (“A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if…
Continue reading ›A trade mark is any word, name, symbol, or device, that is used by a person to identify and distinguish his or her goods from a competitor’s goods. 15 U.S.C.A. § 1127. Registering a trademark with the United States Patent and Trademark Office constitutes prima facie evidence that the trademark is valid and provides constructive…
Continue reading ›One cornerstone needed to enforce a valid restraint on trade is the requirement to be in writing and “signed by the person against whom enforcement is sought.” Fla. Stat. § 542.335. Courts use this requirement to reject enforcement of restrictive covenants that are not in writing or signed by the enforcee. See Iron Bridge Tools,…
Continue reading ›Tortious interference is a common business tort whereby the defendant unlawfully interferes with the plaintiff’s business relationship or contractual relationship. The elements of tortious interference are: (1) the existence of a business relationship [or contractual relationship] between the plaintiff and a third person, not necessarily evidenced by an enforceable contract, under which the plaintiff has…
Continue reading ›Proving the existence of a trade secret in a court of law is no easy feat. The trade secret’s proponent has the burden of establishing the specific information he or she seeks to protect. Am. Red Cross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407 (11th Cir. 1998) (“In a trade secret action, the…
Continue reading ›Standing is a legal concept requiring the litigant bringing the lawsuit to have a sufficient stake in the outcome of the controversy that enables the litigant to judicially resolve the controversy. Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass’n, 544 So. 2d 1080 (Fla. 2d DCA 1989). The standing concept imposes a…
Continue reading ›“Florida law … contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants contained in employment contracts.” Vital Pharmaceuticals, Inc. v. Alfieri, 23 F. 4th 1282, 1291 (11th Cir. 2022) (quotation and citation omitted). This framework includes a burden shifting approach between the restrictive covenant’s enforcer and enforcee that provides each party with an…
Continue reading ›In the absence of a non-compete agreement, Florida law prohibits tortious interference with certain business relationships. The Supreme Court of Florida, in Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126 (Fla. 1985), explained that the elements of a claim for tortious interference with a business relationship are “(1) the existence of a business relationship…(2)…
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