Manner in which Information (Such as Customer Lists) Compiled can Constitute Trade Secret

A summary judgment on a misappropriation of trade secrets claim is reversed on appeal because “a genuine issue of material fact remains as to whether the compilation of the information, even that which was within the public domain, constituted information protected as a trade secret.” Patient Depot, LLC v. Acadia Enterprises, Inc., 48 Fla.L.Weekly D871a (Fla. 4th DCA 2023). In this case, the plaintiff operated as a broker of personal protection equipment (PPE) and matched PPE suppliers with consumers. The plaintiff maintained a website platform that plaintiff considered to be a trade secret. This platform contained a list of viable suppliers, including...

10 April

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3-Step Process for Objections to Trade Secrets

Posted by David Adelstein

in Trial Perspectives

There are times a party in a litigation may seek documents from a party or non-party and there is a trade secret objection. The party or non-party does not want to produce trade secret information. What a party or non-party should do is request an in camera inspection or an evidentiary hearing. This was the situation in Bank of America, N.A. v. The Bank of New York Mellon, 47 Fla. L. Weekly D659a (Fla. 3d DCA 2022) where a non-party appealed a trial court’s ruling that required it to produce alleged trade secret information. The non-party timely moved for a petition for...

15 November

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3-Step Process to Determine Production of Document under Trade Secret Privilege

Posted by David Adelstein

in Discovery, Trial Perspectives

During the discovery phase of litigation, a party will serve a request for documents on the opposing party. The request for documents will include numerous categories of documents. The responding party will then identify whether it will produce the documents or whether it will not due to a privilege or another legal objection. A hearing will then need to be conducted to determine the merits of the privilege or objection. One such privilege a party may raise is that the requested documents fall within the trade secret privilege. Such documents would be itemized on a privilege log and would identify trade...

10 October

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Properly Alleging a Trade Secret Misappropriation Claim under Florida Law

Posted by David Adelstein

in Standard of Review, Trial Perspectives

Is there a cause of action for trade secret misappropriation? Why, why, yes there is under Florida’s Uniform Trade Secret Act, known as “FUTSA”, included in Florida Statute s. 688.001 en seq. FUTSA defines the terms “trade secret” and “misappropriation” as not everything a person claims to be a trade secret is, indeed, a trade secret. Understanding the statutory definitions to “trade secret” and “misappropriation” are important if a party is looking to pursue a claim against another under FUTSA. To successfully state a cause of action under FUTSA, a plaintiff must [identify the trade secrets with reasonable particularity and] allege...

24 March

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Proving Entitlement to a “Trade Secret”

Posted by David Adelstein

in Trial Perspectives

A recent case, Managed Care of North America, Inc. v. Florida Healthy Kids Corp., D735a (Fla. 1st DCA 2019), discusses the standard in proving entitlement to a "trade secret," as defined by Florida law (below). In this case, bidders submitted proposals to a public body in response to an Invitation to Negotiate. In responding to the proposal, one of the bidders marked certain pages confidential as a trade secret, which is not uncommon. A losing bidder sought to obtain this information under Florida’s Public Record’s Act and the bidder maintaining the trade secret protection filed a motion for declaratory relief asking...

30 April

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Florida’s Uniform Trade Secrets Act cannot be used to Restrict Competition

Posted by David Adelstein

in Trial Perspectives

Florida's Uniform Trade Secrets Act is contained in Florida Statutes Chapter 688. This Act authorizes courts to take reasonable steps to preserve the confidentiality of trade secrets including ordering injunctive relief to prevent a party (such as a former employee) from misappropriating trade secrets. Norton v. American LED Technology, Inc., 43 Fla.L.Weekly D951a (Fla. 1st DCA 2018). However, as confirmed by the First District in Norton, Florida's Uniform Trade Secrets Act cannot be used as a sword to restrict or stifle direct competition. In other words, it is improper for a trial court to issue a temporary injunction restricting direct...