Florida Trade Secret Attorney

Under the Florida Uniform Trade Secrets Act (FUTSA) and the federal Defend Trade Secrets Act (DTSA), a trade secret is information that has independent economic value because it is not generally known, and the employer takes reasonable steps to keep secret.

Examples of trade secrets can include:

• Customer lists and pricing strategies
• Proprietary software or source code
• Marketing plans or financial data
• Formulas, designs, or research and development

Trade secret misappropriation means taking, acquiring, using, or disclosing trade secrets through improper means or without permission. 

Examples of trade secret misappropriation can include:

• Emailing client lists to a personal account before resigning
• Downloading confidential company files to a personal USB drive
• Using proprietary information to help a competitor or to help yourself start a competing business

Even if you created or contributed to the information, it may still belong to your employer.

Violating FUTSA or DTSA can result in injunctions (a court orders to stop you from using the information), payment of damages and attorney fees.  

If you are found liable for trade secret misappropriation, damages can include:

• The amount of actual losses by the company due to your actions, such as lost profits or loss of customers. 
• The amount of profits or benefits you gained from using the trade secret, which is not already accounted for in the actual loss damages. 
• A reasonable royalty may be awarded in some situations, which is an estimated fair value of a license to continue using the trade secret information.
• If a court finds that the misappropriation was willful and malicious, it can award exemplary damages to punish the wrongdoer and deter others from similar conduct.

Yes.  Statutes such as the federal Economic Espionage Act of 1996, Computer Fraud and Abuse Act and the Combating Corporate Espionage in Florida Act criminalize the theft or misappropriation of trade secrets under certain circumstances. 

Possible defenses to an accusation of trade secret misappropriation include:

• The information is not actually a trade secret. For example, it was public or generally known.
• You had authorization to access or use the data.
• The employer failed to take reasonable steps to protect secrecy.

Yes. These claims are serious and expensive. Small mistakes and unintentional errors can escalate into big legal problems. If you have been accused of trade secret theft, seek legal guidance right away to protect your career and future opportunities.