Florida Trade Secrets Attorneys

Helping You Protect What Matters

Intellectual property is often the most valuable asset for companies. Protecting intellectual property is of the utmost importance, but when a bad actor attempts to steal or misappropriate trade secrets, you need a high-caliber attorney on your side. 

Moore Rabinowitz Law is not afraid of a fight. Our attorneys aggressively advocate for our clients and provide support and guidance throughout the legal process. We understand how important it is to protect what matters, so we work tirelessly to create case strategies with success in mind. 

Contact our Florida trade secrets attorneys by calling (754) 253-8387.

SERVING CLIENTS THROUGHOUT THE STATE OF FLORIDA, INCLUDING BROWARD COUNTY, MIAMI-DADE COUNTY, PALM BEACH COUNTY, MONROE COUNTY - THE FLORIDA KEYS, and the entire Miami area, Fort Lauderdale, Weston, Plantation, Cooper City, Davie, West Palm Beach, Boca Raton, and Delray.

The Uniform Trade Secrets Act (UTSA) 

According to the Uniform Trade Secrets Act, trade secrets are information that has intrinsic economic value because it is not well-known or accessible except by those who own the information. Trade secrets are not copyrights, patents, or trademarks; they are intellectual property. 

While intellectual property (IP) is not a copyright or trademark, it represents its creators' hard work and ingenuity and generates profit for the company. Often, intellectual property is a bridge into the future, whether it be a proprietary technology or a business strategy. 

The UTSA is widely accepted as the basis for trade secrets law, but in states where it is not the legal standard, infringement or misappropriation are a part of tort law. Florida courts uphold the UTSA and follow its guidance regarding the theft of trade secrets. 

Theft and Misappropriation

Misappropriation is not a term to be applied lightly, only some fall under this category. Some trade secrets are lawfully obtained, meaning one company got permission to use the information from the trade secret holder. In other cases, the trade secret owner failed to protect their IP, which led to the exposure of their trade secret. 

If the trade secrets are obtained illegally or due to a breach of confidence, it is considered misappropriation. In these cases, the secret holder used their resources and took proper precautions to avoid trade theft, but another party wrongfully took the information. 

Proving Theft

To build a claim for trade secret theft, there are three factors to address: 

• Proving that the subject matter was part of a trade secret
• The owner made reasonable efforts to prevent theft
• Another party misappropriated the information for their own gain

The intellectual property must be a trade secret – it cannot be public information or easily accessible by people within the company or partners. Basic information about the company and its products or services does not constitute a trade secret. Additionally, the owner must take preventative measures. If they do nothing to protect their intellectual property, the court will not recognize a claim. 

Proving misappropriation involves gathering evidence, granting access to essential documents, and a compelling explanation of the case. Never attempt to go before the court or make a claim without the aid of an attorney. 

Aggressively Advocating for Clients in South Florida

If you believe another person or group has stolen your trade secrets, you may have a legal claim. Intellectual property is a priceless asset for any business entity and losing it could cost the company money and opportunities. 

Moore Rabinowitz Law understands that protecting valuable assets is not always enough to prevent theft. We possess a thorough understanding of the law as it applies to trade secrets and use that knowledge to advise our clients on the most optimal strategy. 

Contact Moore Rabinowitz Law to find out how we can help you protect what matters most.