Articles Posted in Trade Secrets

Trade secrets must remain a secret first, and foremost. The definition of trade secret usually contains a statement to the effect of information that is “not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use” and is “the subject…

Courts can enforce the breach of a restrictive covenant like a non-compete agreement by enjoining the defendant from taking additional actions that violate the non-compete agreement. Fla. Stat. § 542.335 (“A court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions.”). Courts can likewise…

Temporary and permanent injunctions are often a part of restrictive covenant lawsuits and trade secret lawsuits. In facts, Florida’s restrictive covenant statute expressly contemplates enforcement of a restrictive covenant through an injunction and creates a presumption in favor of granting an injunction when a restrictive covenant is breached. Fla. Stat. § 542.335 (“A court shall…

The injunction remedy is an important facet of a trade secret lawsuit because it precludes the misappropriator from using the trade secret. Courts can grant an injunction to prevent actual or threatened misappropriation or require affirmative actions to protect the trade secret. 18 U.S.C.A. § 1836. To obtain an injunction, the movant must establish, among…

Plaintiffs in trade secrets lawsuits and non-compete lawsuits often seek and obtain injunctions preventing defendants from misappropriating the trade secrets or unlawfully competing. Florida’s trade secret statute expressly allows for injunction relief. Fla. Stat. § 688.003 (“Actual or threatened misappropriation may be enjoined.”). Florida’s restrictive covenant statute likewise allows for injunctive relief. Fla. Stat. §…

There are many claims a plaintiff can bring to thwart unfair competition or recover damages from unfair competition. Plaintiffs can assert trade secret misappropriation claims, trade mark infringement claims, tortious interference claims, breach of restrictive covenant claims, breach of fiduciary duty of loyalty claims, and deceptive and unfair trade practices claims among others. However, the…

The type of the verdict form used at trial is usually not given great consideration at the outset of the lawsuit. However, the form of the verdict form has the potential to play a key role in the ultimate trial outcome because the jury’s decision, and appellate review of that decision, are deeply impacted by…

The act of misappropriating a trade secret is not one size fits all because there are two different types of misappropriation – acquisition and disclosure or use. Fla. Stat. § 688.002. Misappropriation under the acquisition theory occurs when a person obtains the trade secret knowing it was acquired through improper means or possesses reason to…

Trade secret owners often face a dilemma when debating whether to prosecute a lawsuit against another for trade secret misappropriation. The trade secret owner can bring the lawsuit and risk exposing the trade secret even more in the court proceeding. Conversely, the trade secret owner can refrain from bringing the lawsuit to prevent exposure in…

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…