
Trade Secrets Protection in Florida
1. Definition
A trade secret is confidential business information that provides a company with a competitive advantage because it is not publicly known. Trade secrets can include formulas, processes, customer lists, marketing strategies, software code, and other proprietary information.
Unlike patents, trademarks, or copyrights, trade secrets are protected by keeping them confidential rather than registering them with the government.
2. Florida Legal Context
Trade secrets in Florida are protected under the Florida Uniform Trade Secrets Act (FUTSA), Fla. Stat. §§688.001–688.009.
Key rules:
- Definition: Information qualifies as a trade secret if it (1) derives economic value from not being generally known, and (2) is subject to reasonable efforts to maintain secrecy.
- Examples: Customer databases, recipes, algorithms, formulas, and manufacturing methods.
- Enforcement: Owners can sue for injunctions (to stop misuse) and damages (for economic loss). Courts may also award attorney’s fees for willful misappropriation.
- Relation to Federal Law: The Defend Trade Secrets Act (DTSA, 18 U.S.C. §1836) provides a federal cause of action, allowing trade secret owners to sue in federal court.
3. Real-World Application
Examples in Florida businesses:
- A Tampa restaurant protects its unique sauce recipe as a trade secret.
- A Miami software company keeps its source code confidential through strict access controls and NDAs.
- An Orlando sales company prevents former employees from using its customer lists by enforcing confidentiality agreements.
4. Why It Matters for Business Owners
Trade secrets can be a company’s most valuable assets — and once lost, they cannot be “reclaimed.”
Why it matters:
- Competitive advantage: Protects what makes your business unique.
- Cost savings: Unlike patents, no registration or renewal costs are required.
- Flexibility: Can last indefinitely, as long as secrecy is maintained.
- Legal recourse: Courts can stop former employees or competitors from misusing trade secrets.
Common mistakes Florida businesses make:
- Failing to use NDAs with employees, contractors, or partners.
- Not restricting access to confidential information.
- Assuming trade secrets are automatically protected without reasonable efforts.
- Confusing trade secrets with patents (they are protected differently).
5. Real-World Florida Examples
- A Sarasota manufacturer sued a competitor for misappropriation after a former employee took production methods to a rival company.
- A Jacksonville healthcare company obtained an injunction to prevent the misuse of patient lists taken by a departing executive.
- A Fort Lauderdale marketing firm lost trade secret protection because it failed to label documents as confidential or limit access.
6. How Our Law Firm Can Help
At Black Rock Trial Lawyers, we help businesses identify, secure, and enforce their trade secrets. Our services include:
- Drafting Non-Disclosure Agreements (NDAs) and confidentiality clauses
- Implementing employee and contractor policies to safeguard proprietary information
- Advising on security protocols to preserve trade secret status
- Litigating trade secret misappropriation cases in Florida and federal courts
- Coordinating with businesses to protect trade secrets alongside trademarks, copyrights, and patents
We make sure your business secrets stay yours — and are enforceable if misused.
7. FAQs (Frequently Asked Questions)
Q: Do I need to register a trade secret?
A: No. Protection comes from keeping the information secret and taking reasonable measures to secure it.
Q: How long does trade secret protection last?
A: Indefinitely — as long as the information remains confidential.
Q: Can employees take customer lists when they leave?
A: Not if the list is confidential, not publicly available, and protected by NDAs or company policies.
Q: What’s the difference between a trade secret and a patent?
A: Patents are publicly disclosed but protected for a limited time (usually 20 years). Trade secrets are protected indefinitely but only as long as secrecy is maintained.
Q: Why hire a lawyer for trade secret protection?
A: A lawyer ensures you take the right steps to preserve secrecy, drafts enforceable agreements, and defends your rights if someone misuses your information.
8. How to Retain Our Law Firm
We offer multiple access points tailored to your needs:
- Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
- 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
- 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
- Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)
All services are available in-person, by phone, or virtually.
9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program
Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.
BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.
At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.
What you get with BELAW:
- On demand strategic legal consultations with Attorney Gil Sanchez
- Document review and compliance audits
- Guidance on contracts, leasing, employment, and liability
- Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
- Proactive legal support to mitigate lawsuits and reduce risk exposure
- Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
- Entrepreneur coaching and a growing library of business education resources
- Litigation retainer and hourly rate discounts
We’re available when you need us—on demand, without hourly billing.
We make it easy to get started:
- Call or text us at (813) 254-1777
- Or fill out the secure contact form below
A member of our team will respond promptly to schedule your consultation.
10. How to Contact Our Law Firm to Retain
We make it easy for you to retain us:
- Call or text: (813) 254-1777
- Email: info@blackrocklaw.com
- Or submit your request using the form below
Our team will promptly follow up to confirm availability and next steps.
11. Who You Are Hiring
When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.
A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.
Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.
He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.
Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.
At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.
12. The Law Firm’s Geographical Reach
We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.
Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.
From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.
13. Disclaimer
The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.