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Florida Uniform Trade Secrets Act

The Florida Uniform Trade Secrets Act (“FUTSA”) prohibits the misappropriation and misuse of a company’s trade secrets.  Violations of the FUTSA may provide a litigant with relief in the form of monetary damages, injunctive relief, and attorney fees and costs.

FUTSA litigation is a highly complex area of law, therefore it is important to understand all elements required to bring a FUTSA claim.  

To bring a claim for misappropriation of a trade secret, a party must show:

  • You have a trade secret or protected confidential information to protect;
  • You took reasonable steps to protect the trade secret and confidential information,
  • The acquirer’s knowledge that the trade secret belonged to another party (who either stole the trade secret information or had a duty to keep the trade secret private) and that the trade secret and/or confidential information was misappropriated by a third party without consent.

What is a trade secret defined as?

Information including patterns, compilations, programs, formulas, devices, methods, techniques and/or processes in which your business:

(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.

Examples of violations of the Florida Uniform Trade Secrets Act (“FUTSA”) include:

  • your company’s business plan or a unique pattern of technique or methodology is being utilized by a disgruntled ex-employee within their newly formed business.
  • your company’s commercial data is being used by a vendor for their own economic gain and not for the purposes in which you originally provided consent for.
  • protected customer list is stolen by an employee or independent contractor.
  •  the improper use of a unique combination of otherwise known components (such as plan, tools, process, compound or mechanism) being used differently than ordinarily known methods in the industry that adds value to the information.   Sun Crete of Florida, Inc. v. Sundeck Products, Inc. 452 So.2d 973.

In addition to a FUTSA claim, you may also have a claim under the Federal Defend Trade Secrets Act and/or various other acts depending on the facts of your case. 

If anyone has used your trade secrets to enrich their own company but hurt yours, you need The Campbell Law Group P.A. These cases require an attorney which is experienced in complex business and employment legal matters and litigation and preferably an attorney who understands the nature of business and has a strong financial background.  Here at the Campbell Law Group, we can diligently and effectively represent you or your company and help develop legal strategies that suit your company’s needs and helps mitigate your company’s risk.

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Our firm accepts cases from all over South Florida such as Miami Beach, Coral Gables, Coconut Grove, South Miami, Pinecrest, Brickell, Edgewater, Doral and Wynwood, as well as cases in Broward and Palm Beach County, Tampa, Orlando and the rest of Florida.

For more information regarding how our firm can help you, please contact us.

The Campbell Law Group P.A.
Focuses its practice on corporate and family law matters.
While representing clients whether in civil, corporate or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.

Attorney Profile

Regina M. Campbell

Corporate and Family Law Attorney and
Collaborative Family Law Attorney

Education

Hofstra University Maurice A. Deane School of Law – Hempstead, New York Juris Doctorate (2007)

Florida International University – Miami, Florida – Bachelor of Arts in Political Science (1998)

Admissions

Florida Bar (2009)
United States District Court for the Southern District (2013), Middle (2015) and Northern Districts of Florida (2018)
United States Bankruptcy Court for the Middle and Southern Districts of Florida (2015)
Member of the Collaborative Family Law Institute, Inc. (2017)

Regina is the Managing Partner of The Campbell Law Group based in Coral Gables, Florida. She is recognized for her unique insight, resourceful problem-solving skills and understanding of how legal issues affect people and companies differently.

One of Regina’s biggest passions is litigation. Regina and The Campbell Law Group PA have seen a great deal of success in prosecuting and litigating business fraud and ponzi schemes, tortious interference with a business relationship cases, non-compete cases, shareholder actions, complex divorce and post-divorce actions, especially cases with recalcitrant parties with a talent at hiding assets and/or avoiding support obligations amongst others causes of action.

Regina is fluent in both English and Spanish and has assisted businesses and families from over twenty countries with their business and family legal needs.

About the Firm

The Campbell Law Group is well-equipped to serve businesses throughout Florida with all manner of legal matters. Our unique breadth of knowledge, thanks to a wealth of both business and legal experience, will provide you and your company with well-rounded representation for all of your business’ legal needs.

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