Olivia Lipnic's Libguide on Trade Secrets: Primary Sources

Defend Trade Secrets Act (DTSA) - Westlaw

The DTSA amended the federal criminal code and created a private civil cause of action for trade secret misappropriation. Essentially, it allows trade secret owners to file civil actions for misappropriation in a U.S. district court for trade secret matters relating to products or services in interstate or foreign commerce.

Florida Statutes, Ch. 688. Uniform Trade Secrets Act - Online Sunshine

§688.001 Short title.

• Sections 688.001-688.009 of FUTSA may be cited as the "Uniform Trade Secrets Act."

§688.002 Definitions.

• (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. 
• (2) "Misappropriation" means:
  • (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
  • (b) Disclosure or use of the trade secret of another without express or implied consent by a person who:
    • 1. Used improper means to acquire knowledge of the trade secret; or
    • 2. At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was:
      • a. 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; 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.
• (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
• (4) "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 not being generally known to, and 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.

§688.003 Injunctive relief.

• Discusses a trade secret owner's right to injunctive relief and limits of such relief specifically regarding:
  • Actual or threatened misappropriation
  • Conditioned future uses

§688.004 Damages.

• Enumerates the rights to recover damages for misappropriation of trade secrets.
• Discusses types of damages that can be rewarded:
  • Actual loss
  • Unjust enrichment
  • Exemplary damages

§688.005 Attorney's fees.

• Discusses a prevailing party's rights to attorney's fees when claims are brought in bad faith.

§688.006 Preservation of secrecy.

• Explains the duty of the court to make a reasonable effort to maintain the secrecy of trade secrets when hearing matters related to trade secrets.

§688.007 Statute of limitations.

• An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

§688.008 Effect on other law.

• Describes the effects of trade secret law on other areas of law. 

§688.009 Uniformity of application and construction.

• Describes the general purpose of the law and its uniformity among states.

• Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984).
  • Trade secret protection is defined by the extent to which the owner protects it from public disclosure.
  • Information that is considered to be public knowledge or generally known to people in the industry is not eligible for trade secret protection.
  • Disclosing trade secrets to others under no duty of confidentiality extinguish their trade secret protection.

• RxStrategies, Inc. v. CVS Pharmacy, Inc., 390 F. Supp. 3d 1341, 1351 (M.D. Fla. 2019).
  • To bring a claim of misappropriation, a plaintiff must show:
    • (1) the plaintiff possessed secret information and took reasonable steps to protect the secrecy of the information; and
    • (2) the secret was misappropriated by one who knew or had reason to know that the secret was improperly obtained, or by one who used improper means to obtain the secret information.

• New Lenox Indus., Inc. v. Fenton, 510 F. Supp. 2d 893 (M.D. Fla. 2007).
  • "As a general proposition other torts involving the same underlying factual allegations as a claim for trade secret misappropriation will be preempted by FUTSA." Id. at 908.

• Trinity Graphic, USA, Inc. v. Tervis Tumbler Co., 320 F. Supp. 3d 1285 (M.D. Fla. 2018).

  • "A claim for misappropriation may exist not only where the defendant itself is alleged to have stolen trade secrets, but also where the defendant is alleged to have obtained the trade secrets while knowing that they were acquired by improper means." Id. at 1294.