Trade Secret Litigation Attorneys
Injunctions, damages, and defence in trade secret disputes under the Florida Uniform Trade Secrets Act and the federal Defend Trade Secrets Act, for businesses in Florida, D.C., Massachusetts and New York.
A trade secret case usually starts with a departure. An employee leaves for a competitor, a partner exits with the customer list, a vendor uses what it learned on the job for someone else. The business has days, not months, to decide whether what was taken is a trade secret, whether it was misappropriated, and whether to seek an injunction before the value is gone.
Industria Business Lawyers represents businesses on both sides of trade secret disputes: the company whose information was taken, and the company or individual accused of taking it. Florida’s Uniform Trade Secrets Act, chapter 688 of the Florida Statutes, and the federal Defend Trade Secrets Act, 18 U.S.C. 1836, each provide a civil action, an injunction remedy, and damages, and the two are usually pleaded together. We handle the emergency phase, the litigation, and the resolution.
Every dispute is different, and not every confidential document is a trade secret. The first question is always whether the information meets the statutory definition, because everything else depends on it.
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Find Out Whether What Was Taken Is Protected
Trade Secret Disputes We Handle
The statutes define the terms precisely, and the cases are decided on those definitions.
Whether the Information Is a Trade Secret
Under Florida Statute 688.002(4), a trade secret is information that derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, others who could obtain economic value from it, and that is the subject of reasonable efforts to maintain its secrecy. The federal definition at 18 U.S.C. 1839(3) is to the same effect and requires that the owner has taken reasonable measures to keep the information secret. What the business actually did to protect the information decides this question more often than the information itself.
Whether It Was Misappropriated
Florida Statute 688.002(2) defines misappropriation as acquisition of a trade secret by a person who knows or has reason to know it was acquired by improper means, or disclosure or use without consent by a person who used improper means or knew the knowledge was derived from someone who did. Improper means under 688.002(1) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and electronic espionage. Reverse engineering and independent development are not improper means.
Emergency Injunctions
Florida Statute 688.003(1) provides that actual or threatened misappropriation may be enjoined, and that an injunction may continue for a reasonable period after the secret ceases to exist to eliminate the commercial advantage gained. The federal act at 18 U.S.C. 1836(b)(3)(A) allows an injunction to prevent actual or threatened misappropriation, provided the order does not prevent a person from entering an employment relationship. Speed and evidence decide this phase. Our non-compete page covers the related restrictive covenant claims that often travel with it.
Damages and Royalties
Florida Statute 688.004(1) allows recovery of the actual loss caused by misappropriation and the unjust enrichment not taken into account in computing actual loss, or, in lieu of those measures, a reasonable royalty for the unauthorised use. Proving damages requires showing what the secret was worth and what the defendant gained, which is valuation work that starts early.
Attorney's Fees and Bad Faith
Florida Statute 688.005 permits a court to award reasonable attorney’s fees to the prevailing party where a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists. The fee exposure runs both ways, which shapes how aggressively each side should plead.
Defending an Accusation
A business hired an employee from a competitor and now faces a demand letter or a lawsuit. The defences are the definitions: the information was generally known or readily ascertainable, the owner did not take reasonable measures, the knowledge was independently developed or reverse engineered, or the alleged secret is really general skill and experience. We also address the employment restrictions the federal act places on injunctions.
State Claim, Federal Claim, and Where the Case Is Filed
Most trade secret cases plead both statutes. The choice of court follows from that.
Florida’s act. Chapter 688 governs misappropriation claims in Florida state court. Under Florida Statute 688.007, an action must be brought within three years after the misappropriation is discovered or by reasonable diligence should have been discovered, and a continuing misappropriation is a single claim.
The federal act. The Defend Trade Secrets Act gives the owner of a trade secret a federal civil action where the secret is related to a product or service used in interstate or foreign commerce, with its own limitation period, injunction and damages provisions, and access to federal court. Pleading it alongside the state claim gives the plaintiff the choice of forum.
Restrictive covenants. Trade secret claims frequently accompany non-compete, non-solicitation, and confidentiality agreement claims, which Florida governs separately under its restrictive covenant statute. The two sets of claims support each other but are analysed under different rules.
Where we practise. Florida first. Litigation in D.C., Massachusetts and New York is handled with the firm’s admitted attorneys and of counsel in those jurisdictions. Our business litigation page covers the full range of disputes we handle.
What Our Clients Say About Us
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I would recommend working with Aaron and team.”
Julien Genestoux from Unlock, Inc
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Their expertise supports every aspect of our corporate legal needs, and they consistently deliver thorough, cost-effective, and timely work. For any small business looking for dependable and knowledgeable corporate counsel, we wholeheartedly recommend IBL.”
Felipe Pinto from Revolve Labs
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In a world surrounded by corporate lawyers, IBL stands out as a very human firm. As a result, we’ve continued to rely on them as our go-to legal counsel for ongoing corporate matters.”
Zachary Panos from Fourcaster LLC
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From the very beginning, their team demonstrated exceptional expertise and a deep understanding of the complex legal landscape surrounding our Fund.
The attorneys were incredibly responsive, guiding me through every step of the process with clarity and professionalism.
They took the time to address all my questions and concerns, ensuring that I felt confident in each decision we made. Their attention to detail and thoroughness were evident in the documents they prepared, which gave me peace of mind knowing that everything was handled properly. What stood out most was their commitment to my vision. They not only provided legal advice but also offered valuable insights into the industry, helping me navigate potential challenges and seize opportunities. Their strategic approach was instrumental in setting up a robust fund structure that aligns with my goals.
Overall, working with IBL was a fantastic experience. They made a complex process manageable and stress-free. If you’re looking to establish a PE fund or need any legal assistance in this area, look no further than IBL Thank you for your outstanding support!”
Jeff from Solar Carbon Credit Fund
Tell Us About Your Matter
How We Work a Trade Secret Matter
Same Week Assessment +
What was taken, by whom, when it was discovered, what protective measures existed, and whether an injunction is realistic. This happens fast because the value of the secret and the injunction remedy both depend on speed.
Evidence Preservation +
Forensic preservation of devices, accounts, and access logs on both sides, and litigation hold notices, before anything is overwritten.
Definition Analysis +
Each item of information against the statutory definition: economic value from secrecy, not readily ascertainable, and reasonable measures to protect it.
Misappropriation Analysis +
How the information was acquired, disclosed, or used, against the improper means and knowledge requirements of the statutes.
Injunction Motion or Response +
The emergency filing under Florida Statute 688.003 or the federal act, or the response to one, with the evidence the court needs to rule.
Litigation and Damages +
Discovery, valuation work on damages or royalty, and the claims and defences under both statutes through trial.
Resolution and Protection Going Forward +
Settlement terms, consent injunctions, and the confidentiality and access controls that keep the next dispute from happening.
FAQ
01 • Business Disputes What makes information a trade secret in Florida?
Under Florida Statute 688.002(4), information that derives independent economic value from not being generally known or readily ascertainable by proper means, and that is the subject of reasonable efforts to maintain its secrecy. Customer lists, pricing, formulas, processes, and source code can qualify. A label of confidential is not enough on its own.
02 • Business Disputes An employee left with our customer list. What can we do?
If the list meets the definition and was taken by improper means or in breach of a duty of secrecy, Florida Statute 688.003 allows actual or threatened misappropriation to be enjoined, and 688.004 allows damages. The first step is preserving the evidence and assessing whether an emergency injunction is realistic. Any non-solicitation or confidentiality agreement the employee signed is analysed alongside.
03 • Business Disputes How long do we have to sue?
Under Florida Statute 688.007, three years after the misappropriation is discovered or by reasonable diligence should have been discovered, with a continuing misappropriation treated as a single claim. The federal act has its own limitation period.
04 • Business Disputes Can a court stop the person from working for a competitor?
An injunction under the federal act may not prevent a person from entering an employment relationship, and conditions on employment must be based on evidence of threatened misappropriation rather than merely on what the person knows. Florida’s act allows an injunction against actual or threatened misappropriation. Whether either supports restrictions on a particular person’s work depends on the evidence and on any restrictive covenant.
05 • Business Disputes We have been accused of misappropriation. What are the defences?
That the information is not a trade secret because it was generally known, readily ascertainable, or not reasonably protected; that it was independently developed or reverse engineered; that no improper means were used; or that what is claimed is general skill and experience rather than a secret. Florida Statute 688.005 also allows fees against a claim made in bad faith.
Talk to a Trade Secret Litigation Attorney
Businesses in Florida, D.C., Massachusetts and New York. Call (202) 860-1210 or describe the situation through the form. Free consultation. Every dispute is different, and not every confidential document is a trade secret. We will tell you whether yours is and what can be done about it this week.
This page provides general information about trade secret litigation under Florida and federal law and does not constitute legal advice. Reading it does not create an attorney client relationship. Statutes cited were read on the date this page was last updated and are subject to change. Whether a particular business has a claim or a defence depends on its specific facts.