Florida Trade Secret Protection Lawyer
Serving Clients in South Florida and Beyond
Many companies and corporations in Florida use trade secrets in conducting business. Trade secrets allow businesses to gain a competitive edge over other similar businesses. To protect trade secrets, employers often ask Florida employees to sign non-compete agreements that contain restrictive covenants. Restrictive covenants in non-compete agreements are often designed to prevent trade secret misappropriation and to ensure that a company’s trade secrets are protected in the event that an employee moves onto another job at a different place of business.
Trade secrets can be protected under both state law through the Florida Uniform Trade Secrets Act (Chapter 688 of the Florida Statutes) and federal law through the Defend Trade Secrets Act of 2016 (DTSA). If you need assistance with trade secret protection for your Florida business, you should seek advice from a Florida trade secret protection lawyer.
What is a Trade Secret?
According to the Cornell Legal Information Institute (LII), trade secrets are defined under both state and federal law. Under the Uniform Trade Secrets Act (USTA), which numerous states including Florida have adopted, a trade secret is defined as any of the following types of information:
- Formula;
- Pattern;
- Compilation;
- Program;
- Device;
- Method;
- Technique; or
- Process.
In order to be a trade secret, the following must also be true of one of the above types of information:
- “Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by property means by, other persons who can obtain economic value from its disclosure or use;” and
- “Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”
To put that information another way, the information must have value as a secret, and because it has value, an entity has made reasonable efforts to protect its secrecy.
Trade Secret Protection Under Florida Law
Under Florida law, trade secret misappropriation can occur as a result of one of two situations:
- When a party unlawfully acquires a trade secret; or
- When a person unlawfully discloses a trade secret.
If a party’s trade secret is misappropriated, that party may be able to file a claim under Florida law. Both injunctive relief and damages may be available.
Federal Trade Secret Law and Trade Secret Protection
In addition to trade secret protection under state law, the federal DTSA provides a cause of action for trade secret misappropriation under federal law.
The question of whether you should file your claim under state or federal law can be a complex one, and it is a matter that you should discuss with an experienced trade secret misappropriation attorney in Florida.
Contact a Florida Trade Secret Protection Attorney
If you are concerned about the misappropriation of a trade secret and need assistance with trade secret protection, it is important to discuss your situation with a Florida trade secret protection attorney. An advocate at our firm can discuss trade secret protection options with you. Contact Perkins Law to learn more about the services we provide to clients in and around Florida.
