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 ›Arbitration provisions are often heavily litigated because the issue can have significant impact on the case. Determining whether parties must arbitrate can impact a litigant’s right to a jury trial, access to the court system, and the cost of litigation. Whether a litigant is trying to compel arbitration or avoid arbitration, litigants should carefully review…
Continue reading ›The Florida Legislature declared deceptive and unfair methods of competition and practices in trade and commerce to be unlawful under the Florida Deceptive and Unfair Trade Practices Act, or FDUTPA for short. Fla. Stat. § 501.202. FDUTPA is a powerful statute because deceptive and unfair trade practices broadly encompass many actions that occur in a…
Continue reading ›Restrictive covenant agreements like non-compete agreements and non-solicitation agreements must be in writing. Fla. Stat. § 542.335 (“A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”). This means restrictive covenant agreements containing non-compete provisions or non-solicitation provisions are often…
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 ›The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits unfair and deceptive trade practices in the conduct of any trade or commerce. It “is designed to protect consumers from deceptive acts that mislead consumers.” CareerFairs.com v. United Business Media LLC, 838 F. Supp. 2d 1316 (S.D. Fla., Sept. 28, 2011). “A claim for damages…
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 ›Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, or CHOICE Act for short, went into effect on July 1, 2025. The Choice Act is a significant piece of legislation because it substantially broadens an employer’s ability to restrict employees and independent contractor from competing against the employer. The Act, applies to employees and…
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…
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