The federal trade secret statute offers trade secret owners broad protections protecting their trade secrets. A trade secret owner may prosecute a trade secret misappropriation lawsuit against another who intends to convert a trade secret forthe economic benefit of anyone other than the owner. The statute covers those that (1) steal or attempt to steal…
Continue reading ›Trade secret laws can offer broad protections for products during the conceptualization, design, test, and improvement phases when patentability is often uncertain. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) (stating that “protections of state trade secret law are most effective at the developmental stage, before a product has been marketed…
Continue reading ›Litigants should carefully consider the type of evidence they will need to establish their claims at trial because litigants can unwittingly waive their right to claim certain privileges that would otherwise protect the information from disclosure. Some privileges like the well-known attorney client privilege, protects litigants against disclosure of information shared with their counsel during…
Continue reading ›Florida’s Deceptive and Unfair Trade Practices Act, or FDUTPA for short, is a broad statute applying to many different transactions and scenarios. FDUTPA declares all unfair or deceptive acts or practices committed in the conduct of any trade or commerce unlawful. Fla. Stat. § 501.204. A trade practice is considered unfair under FDUTPA if it…
Continue reading ›Most trade secret disputes arise intrastate or interstate. However, trade secret lawsuits are not limited actions occurring within a particular state or the United States. A trade secret plaintiff can assert a misappropriation claim for acts occurring outside the United Stated under certain conditions pursuant to the federal trade secret act known as the Defend…
Continue reading ›Trade secret statutes are generally similar. For example, Florida’s trade secret statute defines trade secrets as information deriving independent economic value from not being readily ascertainable by others through proper means and is the subject of reasonable efforts under the circumstances to maintain the information’s secrecy. Fla. Stat. § 688.002. California likewise defines trade secrets…
Continue reading ›Establishing the existence of a trade secret requires the plaintiff to prove it owns information that derives independent economic value from not being generally known to other persons, is not readily ascertainable by proper means by other persons, and is the subject of reasonable efforts under the circumstances to maintain the trade secret’s secrecy. Fla.…
Continue reading ›American law recognizes that the protection of trade secrets results in substantial benefits to businesses and society. Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470 (1974). Protecting commercial entities trade secret theft encourages investment in processes and technologies benefiting consumers. Therefore, trade secret laws promote “the efficient operation of industry” by affording those who…
Continue reading ›Most trade secret statutes provide the owner of a trade secret with an injunction remedy prohibiting another from disclosing the owner’s trade secret. Florida’s trade secret statute expressly provides that an injunction is permissible when disclosure is actual or threatened. Fla. Stat. § 688.003. (“Actual or threatened misappropriation may be enjoined.”). However, some courts have…
Continue reading ›Customer lists can be trade secrets. However, customer lists are not always trade secret. “To qualify as a trade secret, there must be evidence that a customer list was the product of great expense and effort, that it included information that was confidential and not available from public sources, and that it was distilled from…
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