Florida/Georgia Personal Injury & Workers Compensation

...§ 688.001, et seq.; see Thomas v. Alloy Fasteners, 664 So.2d 59, 59 (Fla.App. 5th 1995) (holding that the Uniform Trade Secrets Act specifically provides for injunctive relief against actual or threatened trade secrets that may not yet have been disclosed). Section 688.002 of the Act broadly defines "trade secret" as: information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) [d]erives independent economic value, actual or potential, from not being *...

...n to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) [i]s the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Fla. Stat. § 688.002(4)....

...hat the use of public information does not rule out trade secret protection. The Court does not agree. As stated above, a trade secret must consist of information that derives economic value from not being readily ascertainable by others. Fla. Stat. § 688.002(4)....

...s, a fact which leads this Court to the conclusion that the information was easily obtainable. Additionally, to qualify as a trade secret under Florida law, the information must be the subject of reasonable efforts to maintain it secrecy. Fla. Stat. § 688.002(4)....

...to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and b) [i]s the subject of efforts that are reasonable under the circumstances to maintain its secrecy." Fla. Stat. §§ 688.002(4)(a), 688.002(4)(b)....

853 (11th Cir. 2017) (citing Fla. Stat. § 688.002 ; Am. Red Cross v. Palm Beach Blood

...AlphaMed may obtain an award of nominal damages is governed by the FUSA. On the subject of statutory construction, AlphaMed contends that "the legislature's decision to forgo mention of damages in the definition of `misappropriation' [in Fla. Stat. § 688.002] in fact evidences that it specifically intended to exclude damages as an element of a prima facie claim for misappropriation." [D.E....

...der [D.E. 688 at 13], the undersigned concludes that AlphaMed's reading of the statute to permit the award of nominal damages does not withstand scrutiny. First, AlphaMed's argument that damages are not an element of a misappropriation claim because Section 688.002, in particular, does not reference damages, is unavailing....

...and took reasonable steps to protect its secrecy and (2) the secret it possessed was misappropriated, either by one who knew or had reason to know that the secret was improperly obtained or by one who used improper means to obtain it. See Fla. Stat. § 688.002....

...We prefer the latter view as the one more in accordance with experience. Yoder Bros., Inc., 537 F.2d at 1365 n. 16. Dole further states that a pineapple is not information, so as to qualify under the definition of trade secret contained in Florida statutes, section 688.002(4), which defines a trade secret as "information, including a formula, pattern, compilation, program, device, method, technique, or process...." Dole's argument is flawed in several respects....

...ppropriation of the plant. Compl. at ¶¶ 12, 13. The complaint further states that Dole has been selling the MD-2 variety under the name of "Dole Premium Select." Compl. at ¶ 14. These allegations are sufficient to establish misappropriation under section 688.002(2)(b) of the Florida Statutes, which defines a misappropriation as the "acquisition ......

...: (1) the plaintiff possessed secret information and took reasonable steps to protect its secrecy and (2) the secret it possessed was misappropriated. Del Monte Fresh Produce Co. v. Dole Food Co., 136 F.Supp.2d 1271, 1291 (S.D.Fla. 2001); Fla. Stat. § 688.002....

...ining to the company's investigation of these employees for similar misconduct. At the hearing on the motion to compel production, American Express objected to the production of these items and claimed the Manual was a protected "trade secret" under section 688.002(4), Florida Statutes....

...rable, i.e., one for which there will be no adequate remedy after final judgment. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987); Bared & Co., Inc. v. McGuire, 670 So.2d 153 (Fla. 4th DCA 1996)(en banc). A "trade secret" is defined in section 688.002(4), 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...

...enerally 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. Section 688.002(4), Florida Statutes....

...First, it has not proved that Desert Glass committed a tortious act in Florida. As Arch notes in its brief, misappropriation can be broken down into misappropriation by improper acquisition or misappropriation by unauthorized disclosure or use. See § 688.002(2)(a), (b), Fla....

...t ("UTSA"). The UTSA defines a trade secret as something that (a) derives independent economic value from not being generally known to the public; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. § 688.002(4), Fla....

...enerally 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. § 688.002(4), Fla....

...As an alternative ground for injunctive relief the plaintiffs argued that Mr. Campbell and Ms. German had misappropriated a trade secret by their use of a cardless online claims system at RX Solutions. The plaintiffs, however, did not meet their burden of proof of establishing *478 the existence of a trade secret. See § 688.002, Fla....

...veloped by a South Carolina company that RX Solutions would use in its business. Thus, the plaintiffs further failed to prove that Mr. Campbell and Ms. German threatened to use Mr. Duane's alleged trade secret at their new company. See Lovell Farms; § 688.002, Fla....

...trade secrets.2 Under Florida law, a trade secret consists of information that (1) derives economic value from not being readily ascertainable by others and (2) is the subject of reasonable efforts to maintain its secrecy. See Fla. Stat. § 688.002(4)....

...Bay State has negotiated and executed over 21 contracts with TSI, sent its employees for training in Florida, and paid for computer software and services to TSI in Florida, among other things. 7. Florida law should govern this case, especially since TSI has a claim based on Fla.Stat. § 688.002 (1991) for misappropriation of trade secrets....

...Employers now alleging violations of specific trade secrets must be held to their burden to plead and prove the "use" of "specific trade secrets." Hapney v. Central Garage, Inc., 579 So.2d 127, 134 (Fla. 2d DCA), review denied, 591 So.2d 180 (Fla. 1991); § 542.33(2)(a), Fla. Stat. (1991). Further, the Legislature enacted section 688.002(4), Florida Statutes (Supp....

...ot being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure," so long as the entity with the trade secret makes "efforts that are reasonable under the circumstances to maintain its secrecy." See § 688.002(4), Fla....

...e of trade secrets from going to work for a competitor. It prohibits only "misappropriation" of trade secrets, which means the acquisition, disclosure, and/or use of the information to the disadvantage of the owner of the trade secret. See Fla.Stat. § 688.002(2) (defining misappropriation); Cal.Civ.Code § 3426.1(b) (same)....

...nown 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. Fla.Stat. § 688.002(4); Cal.Civ.Code § 3426.1(d)....

...All Pro does not challenge application of the Garrido standard to the common law claims involved in this case. The misappropriation claim, however, is statutory, and Florida's Uniform Trade Secrets Act displaces tort law regarding trade secret misappropriation. § 688.008(1), Fla. Stat. (1993). Section 688.002, Florida Statutes, defines a "trade secret" as: (4) information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic value, actual or potential, from not bei...

...enerally 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. § 688.002(4), Fla....

...enerally 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. § 688.002(4), Fla....

...y known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Fla. Stat. § 688.002 (4)(a) & (b) (2007)....

...ntitled to "`trade secret' protection." These filings were not required by law. On appeal, no party has attached any significance to whether DEP actually contracted for these studies, samples or analyses. The complaint invoked sections *783 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000)....

...atively exempt from public disclosure effectively destroys any confidential character it might otherwise have enjoyed as a trade secret. Both statutory definitions of trade secrets to which the parties have referred us require this conclusion. See §§ 688.002(4)(b) & 812.081(1)(c), Fla....

...hose selected by the owner to have access thereto for limited purposes." Id. See generally Am. Red Cross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407, 1410-11 (11th Cir.1998); Lee v. Cercoa, Inc., 433 So.2d 1, 2 (Fla. 4th DCA 1983). To like effect, section 688.002(4), Florida Statutes (2002), provides: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic value, actual or potential, from...

...and computer program. Under the evidence these are properly viewed as trade secrets. In addition to a proscription on use, the injunction should direct appellee to return the original and all copies of the lists and program to appellants. NOTES [1] Section 688.002(4), Florida Statutes (1995), of the Uniform Trade Secrets Act, defines "trade secret" as follows: [I]nformation, including a formula, pattern, compilation, program, device, method technique, or process that: (a) Derives independent ec...

...§ 1 (Count I); violation of Florida's Deceptive and Unfair Trade Practices Act (Count II); breach of contract (Count III); tortious interferences with contract (Count IV); tortious interference with business relationships (Count V); misappropriation of trade secrets in violation of 18 U.S.C. § 1836 and Fla. Stat. § 688.002 (Counts VI-VII); Florida common law conversion of confidential information and proprietary information (Count VIII); and Florida common law unfair competition (Count IX)....

...own 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. Fla. Stat. § 688.002 (4)....

...secret was ... [a]cquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or [d]erived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use...." Fla. Stat. § 688.002 (2)....

J., concur. NOTES [1] Jones Act, 46 U.S.C. § 688. [2] A consequence of which foreclosed to defendant

...own 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. Fla. Stat. § 688.002(4)....

...Second, Defendants argue that the registry itself was not alleged to have any independent "economic value" for the purposes of Florida law since the Complaint does not allege the registry had any economic value derived from the confidentiality. Fla. Stat. § 688.002....

...t it and (2) the information was "misappropriated," either by one who knew or had reason to know that secret was improperly obtained or by one who used improper means to obtain it. Del Monte Fresh Produce Co., 136 F.Supp.2d at 1291 (citing Fla Stat. § 688.002)....

...implied consent by a person who ... at the time of the disclosure or use, knew or had reason to know that knowledge of the trade secret was ... acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use." Fla. Stat. § 688.002(2)....

...In our view, competent and substantial evidence in the record supports the finding of the trial court that Cenac's self-professed confidential methodology of presenting and interpreting Medicare regulations to clients in the home health care industry does not constitute a trade secret. Section 688.002(4), Florida Statutes (1993), which is a part of the Uniform Trade Secrets Act, defines a "trade secret" as a "a formula, pattern, compilation, program, device, method, technique or process" that derives actual or potential independent...

...ied in the exhibits by Aqua Gaming, Inc. and acknowledged by William East." The order also restrained Mr. East and Gaming Technology from engaging in competitive business with Aqua Gaming within the territory in which Aqua Gaming currently operates. Section 688.002(4), Florida Statutes (1999), states: (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that: *934 (a) Derives independent economic value, actual or potentia...

...Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or 3. Before a material change of her or his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. Fla. Stat. § 688.002(2). 27. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. Fla. Stat. § 688.002(1). 28. A trade secret can include any information that has economic value because it is not generally known to or readily ascertainable by others, and it must be subject to reasonable efforts to protect its secrecy. Fla. Stat. § 688.002(4). 29. Actual or threatened misappropriation may be enjoined. Fla. Stat. § 688.002....

..., either by one who knew or had reason to know that the secret was improperly obtained or by one who used improper means to obtain it.” Del Monte Fresh Produce Co. v. Dole Food Co., Inc., 136 F.Supp.2d 1271, 1291 (S.D.Fla.2001) (quoting Fla. Stat. § 688.002 (2) (2011))....

...n to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) [be] the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Fla. Stat. § 688.002 (4) (2011); see also Am....

...the YAS-Boeing Agreements in order for Boeing to fulfill its contractual obligations, which are set forth in the VAS-Boeing Agreements. Furthermore, VAS required its employees to comply with its numerous confidentiality policies. ii Misappropriation Section 688.002(2) of the Florida Statutes defines misappropriation as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means ... Fla. Stat. § 688.002 (2)(a)....

...ill be no adequate remedy after final judgment. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987). Sheridan contends that the trial court's discovery order improperly impinges on its trade secret privilege. A "trade secret" is defined in section 688.002(4), 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...

...Defendants argue that Plaintiff has not proven or alleged that Defendants acquired Plaintiff's trade secrets by improper means; that Plaintiff never required Defendants to sign a confidentiality agreement; and that Plaintiff has done nothing to protect its trademark and confidential information pursuant to Section 688.002 of the Florida Statutes; therefore, Defendants are entitled to summary judgment....

...If the court orders disclosure, it must make findings to support its determination. Ameritrust, 899 So.2d at 1207 . Furthermore, the trial court may need to order safeguards to prevent the unnecessary dissemination of the information. Summitbridge, 67 So.3d at 451 . Section 688.002(4) Florida Statutes (2012), defines a trade secret as follows: (4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic...

...fy, the-pleading standard of Federal Rule of Civil Procedure 8. Lastly, GlobalOptions contends that NATG fails to identify how its actions constitute misappropriation. (Doc. 16, p. 22). Misappropriation is defined broadly under FUTSA. See Fla. Stat. § 688.002 (2)....

...Derived from or through a person who had utilized improper means to acquire it; b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use .... Fla. Stat. Ann . § 688.002....

...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. § 688.002(4), Fla....

...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." Florida Statutes, Section 688.002(4)....

...However, the Uniform Trade Secret Act's definition of a trade secret not only requires that a trade secret be kept from the public, but also states that if others were given access to the trade secret, they could "obtain economic value from its disclosure or use." 688.002(4)(a)....

...Int’l Select Group, Inc., 192 F.3d 1330, 1335 (11th Cir. 1999). III. Under Florida law, OSTI has the right to seek injunctive relief or damages to remedy KAC’s alleged misappropriation of OSTI’s trade secrets. Fla. Stat. § 688.002(4) defines a trade secret as: “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic value, actual or poten...

...At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was: *** b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use. Fla. Stat. §§ 688.002(2)....

...2d at 1209 (“The burden is on the party resisting discovery to show ‘good cause’ for protecting or limiting discovery by demonstrating that the information sought is a trade secret or confidential business information and that disclosure may be harmful.”).11 Section 688.002(4), Florida Statutes (2014), defines a “trade secret” as a “formula, pattern, compilation, program, device, method, technique, or process” that derives actual or potential independent economic value “from not being 11....

...own 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. Fla. Stat. § 688.002(4) (2008)....

...person who: . . . . 2. At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was: . . . . b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use. Fla. Stat. § 688.002(2)....

court then noted that the Jones Act, 46 U.S.C. § 688,[2] conferred a cause of action only on "any seaman"

circumstances to maintain its secrecy. Fla. Stat. § 688.002. “In a trade secret action, the plaintiff bears

...enerally 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. § 688.002(4), Fla....

...own 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. Fla. Stat. § 688.002 (4) (2002)....

...with those customers” (Doc # 5, p. 6). Accordingly, the Court finds that the information requested in Schedule A, numbers 5-7 and Schedule B, number 1 of the contested subpoena are protected from disclosure as “trade secrets” under Fla. Stat. § 688.002 (4)....

...e the existence of one or more legitimate business interests justifying the restrictive covenant." Section 542.335 defines the term "legitimate business interest" as including, but is not limited to: (1) trade secrets, as defined in Florida Statutes § 688.002(4); [2] (2) valuable confidential business or professional information that otherwise does not qualify as trade secrets; (3) substantial relationships with specific prospective or existing customers, patients, or clients; (4) customer, pat...

...esolution of this action. NOTES [1] By the terms of Tassy's Employment Agreement with Milner he is only prohibited from competing with Milner for the same amount of time that he was actually employed by Milner, which was 69 days. [2] Florida Statute § 688.002(4) defines a trade secret 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...

...The trial court's factual determination that Cubic Transportation Systems, Inc., failed adequately to protect an alleged trade secrets claim from the effect of the Public Records Act by taking "efforts that are reasonable under the circumstances to maintain its secrecy[,]" § 688.002(4)(b), Fla....

...the confidential and proprietary property of the Plaintiff." The trial court found that AVS, by the settlement, did agree to limit its use of certain information, even if that information did not meet the statutory definition of a trade secret under section 688.002(4), Florida Statutes (1999)....

...On appeal, Gould & Lamb argues that the trial court should have granted its counterclaim for injunctive relief and enforced its noncompete agreement because the company demonstrated the existence of legitimate business interests, including trade secrets as defined in section 688.002(4), Florida Statutes (2005)....

...The statute lists five nonexclusive items that qualify as a legitimate business interest, such as valuable confidential business or professional information, substantial relationships with specific customers or clients, and trade secrets, which are defined as follows in section 688.002(4), Florida Statutes (2005): [I]nformation, 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...

...usiness interest. "Any restrictive covenant not supported by a legitimate business interest is unlawful and is void and unenforceable." Fla. Stat. § 542.335 (1)(b). A "legitimate business interest" includes "trade secrets," as defined in Fla. Stat. 688.002(4), as well as other "[v]aluable confidential business or professional information" and "[e]xtraordinary or specialized training." Fla....

...The term "trade secrets" is defined as "information, including a formula, pattern, compilation, program, device, method, technique, or process that" has "independent economic value" from not being generally known and "[i]s the subject of efforts that are reasonable under the circumstances to maintain its secrecy." Fla. Stat. § 688.002 (4)....

...Again, a question of fact exists on this record. For a restriction predicated on protecting trade secrets, five years or less is a presumptively reasonable length. See Fla. Stat. § 542.335 (1)(e). Crom's computer design programs could qualify as a trade secret, see Fla. Stat. § 688.002 (4), and Bacon's access to them and special knowledge gained through helping to develop them raise a question of fact as to the reasonableness of the restriction and Crom's concerns for protecting them, even in the absence of evidence that she actually improperly disclosed them....

...d, either by one who knew or had reason to know that the secret was improperly obtained or by one who used improper means to obtain it.” Del Monte Fresh Produce Co. v. Dole Food Co., Inc., 136 F.Supp.2d 1271, 1291 (S.D.Fla.2001) (citing Fla. Stat. § 688.002 )....

...ppellant's patients' files and soliciting appellant's patients. Although they did not have a non-compete agreement, appellant argues that it is still entitled to relief because the information regarding its patients constitutes "trade secrets" under section 688.002(4), Florida Statutes (1997)....

...3  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. § 688.002(4), Fla....

...own to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Fla. Stat. § 688.002....

...o know that the trade secret was acquired by improper means; or (2) disclosure or use of a trade secret without consent by a person who used improper means to acquire the trade secret or knew that the trade secret was improperly acquired. Fla. Stat. § 688.002. TAG committed acts of misappropriation that fall into both categories. 282. The definition of "improper means" under FUTSA includes "breach or inducement of a breach of a duty to maintain secrecy." Fla. Stat. § 688.002(1) (2008)....

...ved from someone who had acquired them through improper means; that they were acquired under circumstances giving rise to a duty to maintain their secrecy; and derived from a person who had a duty to Sensormatic to maintain their secrecy. Fla. Stat. § 688.002(2)(b)(2) (2008)....

...Gadonniex when he left Sensormatic in 2000 are trade secrets. See supra ¶ 279, 313. Mr. Gadonniex violated Article I of his Employment Agreement with Sensormatic by retaining the specifications. (PX 355) Thus, he acquired Sensormatic's trade secrets by "improper means." See Fla. Stat. § 688.002(1) ("`Improper means' includes ....

...§ 1 (Count I); violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA") (Count II); breach of contract (Count III); tortious interference with contract (Count IV); tortious interference with business relationships (Count V); misappropriation of trade secrets in violation of 18 U.S.C. § 1836 and Fla. Stat. § 688.002 (Counts VI-VII); Florida common law conversion of confidential information and proprietary information (Count VIII); and Florida common law unfair competition (Count IX)....

....S.C. § 1 (Count I); breach of contract (Count III); tortious interference with contract (Count IV); tortious interference with business relationships (Count V); and misappropriation of trade secrets in violation of 18 U.S.C. § 1836 and Fla. Stat. § 688.002 (Counts VI-VII)....

...sons 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. Summitbridge, 67 So. 3d at 450 (quoting section 688.002(4), Florida Statutes (2010), and applying it to a trade secret dispute under section 90.506)....

...Int’l Select Group, Inc., 192 F.3d 1330, 1335 (11th Cir. 1999). III. Under Florida law, OSTI has the right to seek injunctive relief or damages to remedy KAC’s alleged misappropriation of OSTI’s trade secrets. Fla. Stat. § 688.002(4) defines a trade secret as: “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (a) Derives independent economic value, actual or poten...

...At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was: *** b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use. Fla. Stat. §§ 688.002(2)....

...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. 4 § 688.002(4), Fla....

...stice.” The privilege “may be claimed by the person or the person’s agent 4 or employee,” and any order directing disclosure of a privileged trade secret must take certain protective measures. Id. Sections 688.002(4) and 812.081(1)(f), in turn, define “[t]rade secret.” See §§ 688.002(4), 812.081(1)(f), Fla....

...Respondent argues that no in camera inspection or evidentiary hearing was needed. It asserts that the materials it seeks are not trade secrets because single-transaction pricing does not constitute a “formula, pattern, compilation, program, device, method, technique, or process.” § 688.002(4); see also § 812.081(1)(f)....

circumstances to maintain its secrecy. Fla. Stat. § 688.002(4). See Merrill Lynch Pierce, Fenner & Smith,

coincidence.” The trial court concluded that under section 688.002 of the Uniform Trade Secrets Act (“UTSA”) the

.... 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) [i]s the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Fla. Stat. § 688.002(4)....

...im. 37  Case: 18-12004 Date Filed: 05/20/2020 Page: 38 of 53 One party can misappropriate another’s trade secret by either acquisition, disclosure, or use. See Fla. Stat. § 688.002(2)....

...Compulife alleges misappropriation both by acquisition and by use—but not by improper disclosure. A person misappropriates a trade secret by acquisition when he acquires it and “knows or has reason to know that the trade secret was acquired by improper means.” Id.§ 688.002(2)(a)....

...person seeking relief to maintain its secrecy or limit its use; or 3. Before a material change of her or his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. Id. § 688.002(2)(b). The concept of “improper means”—which under FUTSA may apply in both the acquisition and use contexts—is significant here, so we should pause to unpack it....

...38  Case: 18-12004 Date Filed: 05/20/2020 Page: 39 of 53 misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.” Id. § 688.002(1)....

...The judge erred in considering only varieties of misappropriation by use that require a violation of some legal “duty” external to the statute.15 To be sure, some types of use-misappropriation do require proof of an external duty under the Florida statute, see Fla. Stat. § 688.002(2)(b)2.b., c....

...When, for instance, a defendant knows that his knowledge of a trade secret was acquired using “improper means,” or that he has acquired knowledge of a trade secret “by accident or mistake” and still uses it, such use is actionable misappropriation. Fla. Stat. § 688.002(2)(b)1., 2.a., 3....

...� within meaning of the statute—given the way that David Rutstein explained the defendants’ affiliation with McSweeney and Savage to Compulife’s Jeremiah Kuhn when Rutstein initially sought access to the Transformative Database. Fla. Stat. § 688.002(1), (2)(b)1....

...ther (1) used a trade secret of which they had improperly acquired knowledge or (2) used a trade secret of which they had acquired knowledge from a person whom they knew or had reason to know had improperly acquired the knowledge. See Fla. Stat. § 688.002(2)(b)1., 2.a....

...misappropriation—the initial determination whether a protectable secret exists. Public availability creates a vulnerability, which—if unreasonable—could be inconsistent with the reasonable precautions requisite to trade-secret protection. See Fla. Stat.§ 688.002(4)(b)....

...Even if quotes aren’t trade secrets, taking enough of them must amount to misappropriation of the underlying secret at some point. Otherwise, there would be no substance to trade-secret protections for “compilations,” which the law clearly provides. See Fla. Stat. § 688.002(4) (“‘Trade secret’ means information, including a ....

...Code § 59.1-336 (“‘Improper means’ includes theft, bribery, misrepresentation, use of a computer or computer network without authority, breach of a duty or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.”) with Fla. Stat. § 688.002(1) (“‘Improper means’ includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.”). 4...

.... from . . . not being readily ascertainable” and “[i]s the subject of efforts that are reasonable under the circumstances to maintain its secrecy” by means which plainly amount to “espionage through electronic . . . means.” Fla. Stat.§ 688.002(1), (4). The magistrate judge treated the wrong question as decisive—namely, whether the quotes taken were individually protectable....

...detailed reports in violation of its confidentiality agreement and trade secret law. The circuit court granted JM’s motion for temporary injunction in part and denied it in part. The court ruled that AIV constitutes a trade secret by statutory definition under sections 688.002(4)(a) and (b), Florida Statutes (2017)....

...A plaintiff alleging misappropriation must prove: (1) that it possessed a trade secret and took reasonable steps to protect its secrecy; and (2) the trade secret was misappropriated, either by one who knew or had reason to know the trade secret was improperly obtained or who used improper means to obtain it. § 688.002(2), Fla....

...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. § 688.002(4), Florida Statutes. Mapei and SPCI argue that JM was too vague and inclusive in asserting a trade secret status to its entire AIV without identifying precisely which trade secrets existed in its website, apart from the ordinary infor...

...“information that derives economic value from not being readily 6 ascertainable by others.” Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1287 (M.D. Fla. 2001) (citing § 688.002(4), Fla....

...[209] IBP, 267 F.Supp.2d at 1165 (relying on Lawler v. Eugene Wuesthoff Mem. Hosp. Ass'n, 497 So.2d 1261, 1263 (Fla. 5th DCA 1986)). [210] Rockledge Mall Assocs., Ltd. v. Custom Fences of S. Brevard, Inc., 779 So.2d 554, 557 (Fla. 5th DCA 2001). [211] Fla. Stat. § 688.002(4) (2005)....

...Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (3) Before a material change of her or his position, knew or had reason to know that it was a trade secret and that *1339 knowledge of it had been acquired by accident or mistake. Fla. Stat. § 688.002(2)....

...dictionary for a definition of “value.” The trial court concluded the materials were not protected, in part, because MCNA not only failed to prove the materials were “of value” but of “independent economic value,” a definition of “trade secret” improperly extracted from section 688.002(4), Florida Statutes....

...Applying the definition of “trade secret” under section 812.081(1)(c), this Court finds the evidence establishes MCNA’s entitlement to the exemption and those portions of the excel spreadsheets containing prospective providers are exempt from disclosure. 4 The trial court considered the exemption under section 688.002(4), Florida Statutes, and its definition of “trade secret,” although never raised by the parties. The inapplicability of section 688.002(4) to this case distinguishes it from Office of Insurance Regulation v....

...According to the statute, this is because “the public and private harm in disclosing trade secrets significantly outweighs any public benefit derived from disclosure, and the public’s ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets.” Id. Under section 688.002(4), “trade secret” is defined as: [Ijnformation, 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. § 688.002(4), Fla....

...Because the trial court’s findings rest on findings supported by competent substantial evidence, we affirm the trial court’s order. AFFIRMED. JAY, J., CONCURS; WINSOR, J., CONCURS WITH OPINION. . The Office also argued on appeal that QUASR data is not a "compilation” of information that qualifies as a trade secret. See § 688.002(4), Fla....

...s justifying the restrictive covenant and that the restriction is reasonably necessary to protect those legitimate business interests. Fla. Stat. § 542.335(1)(b) and (c). Legitimate business interests include trade secrets, as defined in Fla. Stat. § 688.002(4); valuable confidential business or professional information that otherwise does not qualify as trade secrets; substantial relationships with specific prospective or existing customers or clients; customer or client goodwill associated w...

...[8] In Florida, a trade secret consists of information that (1) derives independent economic value from not being generally known to and not readily ascertainable by others who *1335 can obtain economic value from its disclosure or use and (2) is the subject of reasonable efforts to maintain its secrecy. See Fla. Stat. § 688.002(4)....

...; pricing information and methods; training and operational procedures; advertising, marketing, and sales information; financial information; and other data, concepts, strategies, methods, procedures, and trade secrets as defined in Florida Statutes Section 688.002, used by the Company in carrying out its business (collectively, the "Information")....

...to establish the statutory elements of trade-secret protection and because the documents are at the heart of a case sounding in fraud. [DE 109.] Corcel asserts that AKA has failed to show good cause because it has failed, pursuant to Florida Statute 688.002(4), which defines trade secrets, to (1) actually establish that the information has independent economic value as a consequence of not being generally known or ascertainable and (2) actually demonstrate that it has taken reasonable steps to keep the information secret....

...ed. Id. AKA explains that it only has to make a threshold showing of the need for a confidentiality order at this juncture and is not required to prove that every document is a trade secret beyond doubt. Id. Moreover, AKA argues that Florida Statute 688.002(4) is irrelevant because Federal Rule of Civil Procedure 26 permits a court to enter a protective order not only based on the existence of trade secrets, but also if commercial information is involved....

...as trade secrets.2 Under Florida law, a trade secret consists of information that (1) derives economic value from not being readily ascertainable by others and (2) is the subject of reasonable efforts to maintain its secrecy. See Fla. Stat. § 688.002(4)....

...If you find that (claimant) proved that [he] [she] [it] had a trade secret, then (claimant) must further establish that the trade secret was misappropriated by proving that: Select one or more of the following: a. Acquisition Theory, § 688.002(2)(a) [(Defendant) acquired (claimant’s) trade secret and (defendant) knew or had reason to know the trade secret was acquired through improper means, such as [theft] - 25 -  [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] b. Disclosure Theory, § 688.002(2)(b)(1) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent and (defendant) used improper means to acquire knowledge of the trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] c. Disclosure Theory, § 688.002(2)(b)(2)(a) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time when (defendant) knew or had reason to know that [his] [her] [its] knowledge of (cla...

...improper means to acquire that trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] d. Disclosure Theory, § 688.002(2)(b)(2)(b) [(Defendant) disclosed or used (claimant’s) trade secret without (claimant’s) [express] [implied] consent at a time when (defendant) knew or had reason to know that [he] [she] [it]acquired the trade secret under circumstances where [he] [she] [it] had a duty to maintain its secrecy or limit its use.] e. Disclosure Theory, § 688.002(2)(b)(2)(c) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time - 26 -  when (defendant) knew or had reason to know...

...(defendant’s) knowledge of (claimant’s) trade secret was acquired from or through a person who owed a duty to (claimant) to maintain its secrecy or limit its use.] f. Accident or Mistake Theory, § 688.002(2)(b)(3) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent, and before a material change in (defendant’s) position,...

...ret and that knowledge of the trade secret had been acquired by accident or mistake.] NOTE ON USE FOR 416.41 1. For the liability elements of misappropriation of trade secrets see §688.002, Florida Statutes. 416.42 BREACH OF DUTY TO DISCLOSE— RESIDENTIAL To [recover damages from] [be entitled to rescind the transaction with] (defendant) for nondisclosure in connection with the purchase of residential real property, (claimant) must prove all of the following: 1....

...fidential and exempt under the public records law is not to be disclosed, has not taken measures or made efforts that are reasonable under the circumstances to maintain the information's secrecy as required by section 812.081 , Florida Statutes (and section 688.002 , Florida Statutes)....

...the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to those records exempted pursuant to this section or specifically made confidential by this Constitution." 3 And see s. 688.002 (4), Fla....

...in denying their motion for new trial because JFA’s client list did not qualify as a trade secret. An order denying a motion for new trial is reviewed for abuse of discretion. Izquierdo v. Gyroscope, Inc., 946 So. 2d 115, 117 (Fla. 4th DCA 2007). Section 688.002(4), Florida Statutes (2017), of Florida’s Uniform Trade Secret Act (“FUTSA”), defines “trade secret” as follows: [I]nformation, including a formula, pattern, compilation, program, device, method, technique, or p...

...If you find that (claimant) proved that [he] [she] [it] had a trade secret, then (claimant) must further establish that the trade secret was misappropriated by proving that: Select one or more of the following: a. Acquisition Theory, § 688.002(2)(a) [(Defendant) acquired (claimant’s) trade secret and (defendant) knew or had reason to know the trade secret was acquired through improper means, such as [theft] - 25 -  [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] b. Disclosure Theory, § 688.002(2)(b)(1) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent and (defendant) used improper means to acquire knowledge of the trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] c. Disclosure Theory, § 688.002(2)(b)(2)(a) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time when (defendant) knew or had reason to know that [his] [her] [its] knowledge of (cla...

...improper means to acquire that trade secret, such as [theft] [bribery] [misrepresentation] [breach of a duty to maintain secrecy] [inducing a breach of duty to maintain secrecy] [espionage through electronic or other means].] d. Disclosure Theory, § 688.002(2)(b)(2)(b) [(Defendant) disclosed or used (claimant’s) trade secret without (claimant’s) [express] [implied] consent at a time when (defendant) knew or had reason to know that [he] [she] [it]acquired the trade secret under circumstances where [he] [she] [it] had a duty to maintain its secrecy or limit its use.] e. Disclosure Theory, § 688.002(2)(b)(2)(c) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent at a time - 26 -  when (defendant) knew or had reason to know...

...(defendant’s) knowledge of (claimant’s) trade secret was acquired from or through a person who owed a duty to (claimant) to maintain its secrecy or limit its use.] f. Accident or Mistake Theory, § 688.002(2)(b)(3) [(Defendant) disclosed or used (claimant’s) trade secret without [his] [her] [its] [express] [implied] consent, and before a material change in (defendant’s) position,...

...ret and that knowledge of the trade secret had been acquired by accident or mistake.] NOTE ON USE FOR 416.41 1. For the liability elements of misappropriation of trade secrets see §688.002, Florida Statutes. 416.42 BREACH OF DUTY TO DISCLOSE— RESIDENTIAL To [recover damages from] [be entitled to rescind the transaction with] (defendant) for nondisclosure in connection with the purchase of residential real property, (claimant) must prove all of the following: 1....

..., pricing information and methods, training and operational procedures; advertising, marketing, and sales information; financial information, and other data concepts, strategies, methods, procedures, and trade secrets as defined in Florida Statutes' Section 688.002, used by the Company- in carrying out its business (collectively the “Information”): The parties acknowledge and agree that the unauthorized disclosure of such information by the Employee during or after his/her employment the Company would cause irreparable injury to the Company....

...reasonable under the circumstances to maintain its secrecy. USCA11 Case: 20-13368 Date Filed: 12/22/2021 Page: 8 of 28 8 Opinion of the Court 20-13368 Fla. Stat. § 688.002(4) (emphasis added)....

...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. § 688.002(4), Fla....

...8/01/2024 Page: 22 of 29 22 Opinion of the Court 21-14071 another’s trade secret by either acquisition, disclosure, or use.” Compulife I, 959 F.3d at 1311 (citing Fla. Stat. § 688.002(2))....

...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. § 688.002(4), Fla....

...(2020). 15 agreements. If Patient Depot can meet that initial burden, it will next have the burden of establishing “misappropriation” or “threatened misappropriation.” See § 688.003(1), Fla. Stat. (2020). Section 688.002(2), Florida Statutes (2020), defines “Misappropriation” as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or...

...to the person seeking relief to maintain its secrecy or limit its use; or 3. Before a material change of her or his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. § 688.002(2), Fla....