The Defend Trade Secrets Act (DTSA), 18 U.S.C. section 1836, is the federal statute that provides a cause of action for misappropriation of trade secrets. Under DTSA, “a court may” award (1) “damages for actual loss caused by the misapropriation of the trade secret,” (2) “damages for any unjust enrichment…
Businesses often work together to achieve common goals. In these cases, businesses can unwittingly expose themselves to each other’s liabilities through the creation of a joint venture. A “joint venture” is broadly defined as the formation of a relationship between two parties for purposes of generating profit. Haley v. C.I.R.,…
The plain terms of a contract control the parties’ course of conduct for all matters subject to that contract’s terms. See Maher v. Schumacher, 605 So.2d 481 (Fla. 3d DCA 1992) (holding that the plain meaning of the contractual language used by the parties controls). The Court is prohibited from…
Someone misappropriated your trade secrets and you can prove it. But how were you damaged? This is an important question you must ask before commencing a lawsuit because the answer could influence a significant portion of your litigation strategy. Below we provide insights into some of the categories of damages…
Corporations routinely require their employees to enter restrictive covenants (including non-solicition and non-compete agreements) protecting the business from unfair competition. However, employees often live and reside in states that are different from the company’s place of incorporation and principal place of business. This trend has grown in recent years as…
Florida Statutes Section 95.11(2)(b) states in pertinent part that, “[a] legal action on an action on a contract, obligation, or liability founded on a written instrument” is five years. This statute of limitations governs breach of written contracts in business litigation. Florida law imposes a type of “statute of frauds”…
Time is not always on your side because the law imposes many deadlines. Some can be moved or extended. Others cannot. The statute of limitations is one deadline that cannot be moved or extended as a general matter because it is fixed by the state legislature. Most, if not all,…
Courts in Florida and most other jurisdictions award attorney’s fees to prevailing parties based on the American Rule. MV Senior Mgmt., LLC v. Redus Florida Hous., LLC, 319 So. 3d 66, 67 (Fla. 1st DCA 2020) (“Florida courts follow the ‘American rule.’”). This rule limits fee awards to instances where…
“Arbitration is a preferred method of dispute resolution.” Obolensky v. Chatsworth as Wellington Green, 240 So. 3d 6 (quoting BallenIsles Country Club, Inc. v. Dexter Realty, 24 So. 3d 649, 652 (Fla. 4th DCA 2009)). Therefore, “[c]ourts generally favor [arbitration] provisions, and [ ] try to resolve ambiguity… in favor…
For certain business, their trade secrets and are their most valuable assets. Accordingly, businesses will often seek to protect their trade secrets in various ways, including the use of a non-disclosure agreement (commonly referred to as an “NDA”). An NDA is a contract that typically binds current and former employees…