Understanding Trade Secrets in Construction Part 4
In this five-part article, we are discussing several aspects of trade secrets as they relate to the construction industry. In the first section, we discussed the definition of trade secrets in a legal context. In the second section, we discussed the elements that need to be satisfied to file a claim for the disclosure of a trade secret. In the third section, we discussed how to protect your trade secrets in a confidentiality agreement. In this section, we will discuss potential remedies when the misappropriation of a trade secret has happened. In the final section, we will conclude our series.
Unfortunately, sometimes people steal another person’s intellectual property and offer them no compensation for this valuable information. That’s when it’s important to have the right Jacksonville construction litigation lawyer to support your proprietary right to that confidential information. There are two potential remedies when the misappropriation of a trade secret has happened.
When a trade secret has been disclosed or the threat of disclosure has been made, the Florida Uniform Trade Secrets Act (UTSA) allows the rightful owner of the confidential information to request an injunction through the court system. If the court grants this order, it would prohibit the receiving party of the information from misappropriating the information or using that information to their benefit. Generally, this would also result in the receiving party being required to pay any legal fees for the owner of the trade secret. The amount of time this injunction would last for depends on the circumstances of the case.
If a trade secret has been misappropriated, the owner of the trade secret can sue for damages. Any party that distributed, acquired, or utilized this information to their benefit can be considered liable. Assessing damages for the misappropriation of a trade secret depends on the conditions of the case and also on how significant the disclosure of the information negatively impacted the rightful owner of the trade secret.
If a trade secret has been disclosed, it’s extremely important that you contact a Jacksonville construction lawyer to provide you with legal counsel. With over 100 years of combined experience in the construction law industry, our lawyers are here to answer any questions you may have.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.