Trade Secrets

Many intellectual property cases, business separations, and employment law disputes involve claims of trade secret misappropriation. “Trade secrets” are defined in chapter 688, Florida Statutes, as “information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Typically, one party claims that its adversary improperly acquired a trade secret and is now using it to gain an unfair business advantage. At Dean Mead, we prosecute and defend claims of trade secret misappropriation in both state and federal courts throughout the state of Florida. We also counsel our clients on how to protect their trade secrets to mitigate the risk of misappropriation, and one of our attorneys published a lengthy law review article on the Uniform Trade Secrets Act.

Significant Representations:

• Successfully defended former high-level employee of one of the largest defense contractors in the United States who had spearheaded major projects before leaving to join a competitor.
• Defeated a motion for temporary injunction filed in federal court against skin care manufacturer whose webinar discussed a competitor that allegedly misappropriated its trade secrets.
• Successfully prosecuted and resolved trade secrets claims against Fortune 500 company that had allegedly acquired a secret formula for a bonding agent using improper means.
• Prevailed against claims of trade secret misappropriation brought by demolition company after potential buyer had begun reviewing business operations as part of due diligence.
• Defended trade secrets claims brought by seller of high-tech machinery after business partner resigned and formed a new entity trading in similar machines.
• Successfully represented manufacturer that produced fertilizer for another company to defend claims that client was selling the same fertilizer under its own brand name.
• Served several cease and desist letters to departing employees who had misappropriated client’s trade secrets, including sensitive customer information, to unfairly compete.
• Obtained a federal injunction against a distributor in Colorado from attempting to market and sell client’s proprietary corrugated pallets upon expiration of a license agreement.
• Obtained temporary restraining order in federal court to prevent a manufacturer of golf bunkers from improperly demonstrating client’s products in a booth at a trade show.