Theft of trade secrets is a serious offense in Florida, addressing unauthorized acquisition, use, or disclosure of confidential business information. Florida law, aligned with both state statutes and federal regulations, aims to protect valuable business information from theft and misuse, and increases penalties when operated under the arm of foreign governments.
Hernando County Trade Secrets Attorney in Florida
If you or a loved one have been accused of stealing or trafficking trade secrets in Florida, you need to contact a lawyer immediately. These accusations can sometimes occur as a result of retaliation, even for something as simple as leaving the company.
The experienced criminal defense attorneys at Ashley Aulls, PLC can provide guidance and a strong defense against your trade secrets theft case.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your white collar crime case, call (352) 593-4115 today.
Information Center
- Trade Secrets Definitions Under Florida Law
- Trade Secrets Penalties in Florida
- Common Defenses
- Additional Resources
- Hire a Trade Secrets Attorney in Hernando County, Florida
Trade Secrets Definitions Under Florida Law
Trade Secrets
Under Florida law, the concept of a trade secret is defined by the Uniform Trade Secrets Act (UTSA), which Florida adopted under Florida Statutes § 688.002. A trade secret is information that:
- Derives Independent Economic Value: The information must provide economic benefit, actual or potential, to its owner, and it should not be generally known or easily ascertainable by others who could obtain economic value from its disclosure or use.
- Is Subject to Reasonable Efforts to Maintain Secrecy: The owner must take reasonable steps to keep the information secret. This can include measures such as confidentiality agreements, security protocols, and restricted access.
Theft of Trade Secrets
Theft of trade secrets involves several specific actions:
- Misappropriation: This includes acquiring, using, or disclosing a trade secret through improper means. Improper means can include theft, bribery, misrepresentation, or breach of a duty to maintain secrecy.
- Acquisition by Improper Means: If someone obtains a trade secret through illicit actions, such as hacking into a computer system or stealing physical documents, it constitutes theft.
- Use or Disclosure: Even if the trade secret was acquired lawfully, using or disclosing it in a way that violates confidentiality agreements or legal obligations can also be considered theft if it involves improper means.
Theft vs. Traffic
When it comes to trade secrets, Florida law delineates between simple theft and trafficking. Theft refers to the actual stealing of trade secrets (like the colonel’s secret recipe), while trafficking refers to buying and selling trade secrets.
Trade Secrets Penalties in Florida
The legal consequences for theft of trade secrets in Florida are significant and can vary based on the specifics of the offense. The penalties include:
Criminal Penalties
Under Florida Statutes § 812.012 under the state’s theft statutes, theft of trade secrets is classified as a criminal offense, with the following potential penalties:
- Theft of trade secrets is generally classified as a third-degree felony. Penalties for a third-degree felony can include:
- Imprisonment: Up to 5 years in prison.
- Fines: Up to $5,000.
- Probation: Up to 5 years of probation, which may include conditions such as restitution, community service, and compliance with specific legal requirements.
- Trafficking of Trade Secrets is classified as a second-degree felony, punishable by:
- Imprisonment: Up to 10 years in prison.
- Fines: Up to $10,000.
Acting on Behalf of Foreign Governments
If the offense occurs on behalf of a foreign government, the penalties are enhanced by one classification.
- Theft of Trade Secrets Benefitting a Foreign Government, Agent, or Instrumentality is classified as a second-degree felony, punishable by:
- Imprisonment: Up to 10 years in prison.
- Fines: Up to $10,000.
- Trafficking Trade Secrets benefitting the same is punishable as a first-degree felony:
- Imprisonment: 30 years to life.
- Fines: Up to $10,000.
Civil Penalties
In addition to criminal charges, victims of trade secret theft can pursue civil remedies under the Florida Uniform Trade Secrets Act:
- Injunctive Relief: Courts can issue injunctions to prevent further use or disclosure of the trade secrets.
- Damages: Victims may be entitled to recover damages for actual losses and any unjust enrichment resulting from the misappropriation.
- Punitive Damages: In cases of willful and malicious misappropriation, courts may award punitive damages to punish the wrongdoer and deter future violations.
- Attorney’s Fees: Victims who prevail in a civil suit may be entitled to recover legal costs and attorney’s fees.
Common Defenses
Several defenses may be used to challenge charges of trade secret theft in Florida. These defenses focus on disproving the elements of the offense or justifying the actions of the accused:
Legitimate Acquisition
One of the primary defenses is demonstrating that the information was obtained through legitimate means. This can include:
- Public Domain: Proving that the information was already in the public domain and not subject to confidentiality.
- Reverse Engineering: Showing that the information was acquired through lawful reverse engineering or independent discovery, which is often permissible under trade secret law. The effected company may then sue on the grounds of Intellectual Property infringement, but that is a civil, rather than criminal, matter.
Lack of Secrecy
If the information in question does not meet the criteria for a trade secret (i.e., it was not subject to reasonable efforts to maintain secrecy or does not have independent economic value), the defense might argue that it does not qualify as a trade secret under the law.
Consent
If the accused had consent from the trade secret owner to use or disclose the information, this could serve as a defense. Written agreements or verbal authorization can support this defense, provided they are documented and clear.
Improper Means
The defense might argue that the accused did not use improper means to acquire the trade secret. For example, if the accused acquired the information through a lawful channel or had permission from a legitimate source, this could be a valid defense.
Insufficient Evidence
Challenging the sufficiency of the evidence is another common defense strategy. This involves arguing that the prosecution has not met its burden of proof to establish that the information was a trade secret, that it was misappropriated, or that the accused was involved in the theft.
Additional Resources
What are Trade Secrets? – If you’re unsure about what counts as a trade secret, visit the World Intellectual Property Organization. The WIPO provides an explanation of what does (and does not) count as trade secrets, as well as an FAQ.
Uniform Trade Secrets Act – Read the adopted UTSA upheld by Florida Law for more information on how trade secrets are protecting in the sunshine state.
Hire a Trade Secrets Attorney in Hernando County, Florida
The experienced criminal defense attorneys at Ashley Aulls, PLC can provide guidance and a strong defense against your trade secrets theft case.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your white collar crime case, call (352) 593-4115 today.