Under an earlier version of Florida law concerning negligence claims, the doctrine of “joint and several liability” held that all tortfeasors were responsible for the total amount of the plaintiff’s injury regardless of the defendant’s individual fault giving rise to the accident. Gouty v. Schnepel, 795 So.2d 959 (Fla. 2001)…
A party seeking to enforce a restrictive covenant must plead and prove the existence of one or more legitimate business interests. Fla. Stat. § 542.335. The proponent typically claims to have a legitimate business interest in its trade secrets, valuable confidential information that otherwise does not qualify as a trade…
Agents are empowered to bind their principals to certain actions taken by the agents. 2 Fla. Jur. 2d Agency & Employment § 54 (2015). Agency relationships can form by written consent, oral consent, or implication from the parties’ conduct. Osorio v. State Farm Bank, F.S.B. 746 F. 3d 1242 (11th…
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…
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…
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…
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…
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…
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,…
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…