Trade Secrets and Privacy Attorney in Stuart, Florida
Not all valuable intellectual property should be publicly disclosed through patent filings. In many cases, maintaining confidentiality provides stronger and more enduring protection. I advise clients in Florida, New York, Texas, Washington, D.C., and nationwide on trade secret protection under both state law and the federal Defend Trade Secrets Act (DTSA).
Trade secrets may include proprietary processes, research data, algorithms, customer information, manufacturing methods, and strategic business plans. However, protection exists only if reasonable measures are taken to maintain secrecy.
Trade secret misappropriation usually occurs in one of two contexts. In the first, someone with access to the trade secret (e.g., a company officer, employee, contractor) departs from the organization and joins the competition, or forms a new entity that will compete with that organization, communicating the trade secret to the competing entity. In the second scenario, the trade secret is misappropriated by an outside entity via malicious technology means (e.g., “hacking”).
I assist clients in implementing confidentiality programs, including non-disclosure agreements, employment agreements, contractor agreements, and internal access controls. I also conduct data security audits and advise on risk mitigation strategies.
When allegations of misappropriation arise, I am available for real-time damage assessment and legal mitigation counseling.
Unlike the U.S. Constitution, the Florida Constitution explicitly protects the right to privacy against government intrusion, providing, "every person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein." Art. I, § 23, Fla. Const. The tort of invasion of privacy in Florida has been recognized to include four categories (Loft v. Fuller, 408 So. 2d 619 (Fla. 4th DCA 1981)):
(l) Intrusion into physical solitude
(2) Public disclosure of private facts
(3) False light
(4) Appropriation of a person's name or likeness for commercial benefit
Florida has a “Name-Image-Likeness” statute that prohibits the unauthorized use of a person’s name, portrait, photograph, or likeness for commercial or advertising purposes without their consent. It provides remedies for individuals whose privacy rights are violated, including injunctive relief and damages. The statute also specifies that these remedies are in addition to any common law rights against privacy invasions. Fla. Stat. § 540.08.
