Trade secrets must remain a secret first, and foremost. The definition of trade secret usually contains a statement to the effect of information that is “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 is “the subject of efforts that are reasonable under the circu...

The attorney-client privilege protects confidential communications between a lawyer his or her client. Jenney v. Airdata Wiman, Inc., 846 So. 2d 664 (Fla. 2d DCA 2003). In Florida, a client’s right to protect communications with his or her counsel comes from two sources. Coffey-Garcia v. S. Miami Hosp., Inc., 194 So. 3d 533 (Fla. 3d DCA 2016). Each has somew...

Irreparable harm is a mandatory component to obtaining an injunction. Siegel v. LePore, 234 F.3d 1163 (11th Cir. 2000) (“A showing of irreparable injury is ‘the sine qua non of injunctive relief.’”). The existence of irreparable harm can be presumed in restrictive covenant non-compete cases. Fla. Stat. § 542.335 (“The violation of an enforceable restrictive covenant ...

Most breach of contract lawsuits involve a written contract. However, contracts do not have to be in writing to be enforceable. Many contracts can also be oral or implied through the parties’ course of conduct. To establish a breach of contract claim, one must only prove the existence of a valid and enforceable contract between the parties, a breach of that contract and resul...