LibGuides: Trade Secrets by Timothy McCan: Forms & Procedures

Forms

To prevent wasting valuable time, practicing attorneys often use sample versions of legal documents. Forms can be accessed from a number of resources, including LexisNexis and Westlaw.

Florida Forms

SAMPLE COMPLAINTS:

Disclosure of trade secrets by former employee

11 Fla. Pl. & Pr. Forms § 85:61

Disclosure of trade secrets by former employee – Alternate

11 Fla. Pl. & Pr. Forms § 85:62

To enjoin use of trade secrets by former employee and employee's present employer—To require accounting for profits realized from use of trade secrets—For actual and exemplary damages [§ 688.003, Fla. Stat.]

10 Fla. Pl. & Pr. Forms § 80:32

For damages and exemplary damages—For conspiracy to misappropriate trade secrets

10 Fla. Pl. & Pr. Forms § 80:33

Allegation—Regarding misappropriation of trade secrets

10 Fla. Pl. & Pr. Forms § 80:32.30

For injunction and damages for violation of Uniform Trade Secrets Act [FS §§ 688.001 et seq.]

9 Fla. Pl. & Pr. Forms § 73:28

Trade secrets, confidential commercial or business information

1 La Coe's Fla.R.Civ.P. Forms R 1.110(475) (2012 ed.)

Form for complaint for injunction and damages for violation of non-compete agreement by senior manager of national firm; formisappropriation of trade secrets

2 La Coe's Fla.R.Civ.P. Forms R 1.610(149) (2012 ed.)

Complaint; indemnity, construction contract, AIA form, contractor against subcontractor

Trawick, Fla. Prac. & Proc. Forms § 4:68 (2013 ed.)

Complaint for Misappropriation of Trade Secrets

LexisNexis(r) Forms FORM 1388-7.30

SAMPLE ANSWERS/DEFENSES:

Answer—Defense—Alleged trade secret not protectable as such

10 Fla. Pl. & Pr. Forms § 80:35

Answer—Defense—Covenant not to compete contained in franchise agreement unreasonable as to time period and geographical scope

10 Fla. Pl. & Pr. Forms § 79:43

Answer—Defense—Statute of limitations has run on action [§ 688.007, Fla. Stat.]

10 Fla. Pl. & Pr. Forms § 80:39

COVENANTS NOT TO COMPETE

Covenants not to compete—Restrictive covenants entered into on or after July 1, 1996

10 Fla. Pl. & Pr. Forms § 79:26

Sample Briefs

Initial Brief of Petitioner on the Merits
Initial brief filed by petitioners to the Supreme Court of Florida.
Respondents Answer Brief on the Merits
Respondent Kenniasty's Answer Brief
Second Amended Brief from Petitioner

It can be useful for a practitioner to view briefs filed regarding similar issues. Below are copys of the briefs and answer filed in Bionetics Corp. v. Kenniasty, 69 So. 3d 943, 944 (Fla. 2011), reh'g denied (Sept. 6, 2011), cert. denied, 132 S. Ct. 848 (U.S. 2011).

Procedures for Protecting a Trade Secret in the U.S.

Protective Orders:

When litigating anythign cocerning a trade secret, it is important to seek out protective orders to prevent any discovery or court documents from revealing the trade secret to the public. The Federal Rules of Civil Procedure, 26(c) expressly allows for an order to be entered to protect trade secrets. The forms listed below can be used to seek a protective order during trade secret litigation:

Protective Order, LexisNexis(R) Forms FORM 1388-7.31

Sample Protective Order – Single Classification (Bloomberg Law)

Sample Protective Order – Multiple Tiers (Bloomberg Law)

Expedited Discovery:

For a number of reasons it can be crucial in trade secret litigation to act quickly. One way of doing this is by filing for expidited discovery.

Form 30-11. Motion for leave to take expedited discoverydepositions

3 Patent Law Practice Forms § 79:52

For a more in-depth analysis of these potential issue, check out Corporate Practice Series Portfolios, Portfolio 43-3rd: Trade Secrets available at Bloomberg Law.