Trade Secrets

At Premier Litigators, one of our core practice areas is representing companies and individuals in lawsuits involving claims of trade secret misappropriation. We fully appreciate that, apart from personnel, a company’s trade secrets may be its most value asset. Conversely, we recognize that sometimes meritless trade secret misappropriation claims are asserted as part of concerted efforts to hurt a competitor.

As reflected under our recent successes, we routinely succeed in prosecuting trade secret claims against individuals and businesses, as well as defending against meritless trade secret misappropriation claims. These disputes also often involve restrictive covenants, such as non-competes, non-solicits, and non-disclosures – another core practice of Premier Litigators.

Examples of Trade Secret Matters We Handle

The firm has significant experience in numerous industries fighting trade secret disputes, including insurance, healthcare, automotive, manufacturing, technology, and staffing/recruiting. Examples of trade secret disputes we regularly handle include:

  • Defending against claims of trade secret misappropriation, including state-based claims and claims asserted under the federal Defend Trade Secret Act. These claims are often asserted against start-up companies and individuals switching companies. Other claims that are often asserted against competitors and former employees that we routinely defend include claims for tortious interference, breach of restrictive covenants (e.g., non-compete, non-solicits, and non-disclosures), breach of fiduciary duty, defamation, unfair competition under the Lanham Act, and alleged violations of the Computer Fraud and Abuse Act (CFAA).
  • Assessing and prosecuting claims of misappropriation of trade secrets.  We regularly assist clients in the steps that should be taken when investigating trade secret claims. This approach helps ensure a lawsuit for trade secret misappropriation is successful. Similarly, trade secret lawsuits and similar lawsuits involving claims of unfair competition often necessitate us working in tandem with computer forensic and e-discovery investigation firms. We screen, recommend, and efficiently coordinate with those firms. In prosecuting trade secret related claims, we regularly litigate in state court, federal court, and arbitration. We also often seek temporary or preliminary injunctions for misappropriation of trade secrets.
  • Counseling clients on how to mitigate the risks of trade secret misappropriation or disclosure of confidential business information. We represent clients in state and federal courts, as well as arbitrations, throughout Georgia and Florida. Contact us if you need a Georgia trade secret attorney or Florida trade secret attorney.

Trade Secret Law in Florida and Georgia

Florida’s Uniform Trade Secret Statute (FUTSA), adopted in 1988, is found at Fla. Stat. § 688. Georgia’s Trade Secret Statute, adopted in 1990, is found at O.C.G.A. § 10-1-760. Both of those states laws, however, are similar concerning trade secret law because both state statutes were modeled from the Uniform Trade Secret Act (UTSA). Under the USTA, a trade secret is defined as:

  • Information, including a formula, pattern, compilation, program, device, method, technique, or process;
  • That derives independent economic value from not being generally known to or readily ascertainable through appropriate means by other persons who might obtain economic value from its disclosure or use; and
  • Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Under this broad definition fall many valuable company assets, such as customer lists, confidential business plans, internal market research, sales forecasts, and internal operational policies and procedures. In 2019, the federal government also expanded trade secret law when it enacted the Defend Trade Secret Act (DTSA).

At Premier Litigators, we understand that when a competitor uses or otherwise misappropriates a client’s trade secrets, time is of the essence in preventing irreparable harm. That is why we work with our clients to develop a deep understanding of the facts and motivations driving each side and map out a strategy to obtain the desired outcome as efficiently as possible.

Other Practice Areas

Premier Litigators is litigation boutique with subject matter expertise in competition disputes. Contact us if you need a Georgia trade secret law firm or a Florida trade secret law firm. We are glad to share references, from business owners and executives to mid-sized companies and Fortune 500 companies. The trade secret attorneys at Premier Litigators also handle disputes that are often interrelated with trade secret claims, such as those concerning non-competes, non-solicits, and non-disclosures. Please visit the firm’s litigation practice areas for more details on the other types of disputes we handle and examples of past results.