Tag: attorney


Understanding the Meaning of “Valuable Confidential Business Information” Under Florida’s Non-Competition Statute

February 21st, 2012 — 10:04am

Florida’s non-struggle statute, located as section 542.335, Florida Statutes, requires that an enforceable non-struggle contract be supported by a “legitimate business interest.” The statute identifies several, specific legitimate business interests, including “valuable confidential business information” that does not if not qualify as a trade secret.

Even if “[v]aluable confidential business … information” is not defined in the non-struggle statute, courts have interpreted this wording to require in effect the same showing as a trade secret, i.e., proof that the fan of the ban possesses information that is both unique in the industry and confidential.

Colucci v. Kar Kare Automotive Group, Inc., 918 So.2d 431, 439 (Fla. 4th DCA 2006) (“[p]rotectable information includes that which is unique in the industry and confidential”); Autonation, Inc. v. O’Brien, 347 F.Supp.2d 1299, 1304 (S.D. Fla. 2004) (“information that is commonly known in the industry and not unique to the allegedly injured party is not confidential and not free to safeguard”). A “trade secret,” is “information … that …. [d]erives independent economic value … from not being commonly known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.” F.S. 688.002(4). A leading treatise clarifies in significant part that:

As a logical matter, if a plaintiff, assumed owner of a trade secret, is vital to prove that the alleged secret is known only to him, to the exclusion of all other significant persons (i.e., persons outside the plaintiff’s enterprise but within the same trade), he must set up the nothingness of similar knowledge.

(Emphasis in the original.) Milgram on Trade Secrets, Volume I, 107[2] at p. 1-468.57 (September 2011Edition). See also, Inhabitant Tile Board Corp. v. Panelboard Mfg. Co., 27 N.J. Super. 348, 357, 99 A.2d 440, 444 (Ch. Div. 1953):

The record is bare of credible proof that plaintiff’s apparatus are secret or that their possession gives plaintiff an benefit over its competitors ….Neither [of plaintiff's testifying executives] … had ever been in a plant of a competitor. They knew nothing of the methods used by others. For all we know, all other manufacturers may be using apparatus identical with those possessed by the plaintiff.

Attorney Peter Maverick represents management and business owners in employment and labor law. Mr. Maverick has successfully represented many businesses in court as well as in responding to threatened legal action.

Popular Tags:

Comment » | Business

Are You Confident That Your Home is Secure? Put Your Mind at Ease with These Facts

February 13th, 2012 — 10:24am

Intriguing truths might grab your concentration if you are thinking about what excellent a home security system would be. Just looking at the US separately, there are beyond two million breaking and entering crimes every year. Nearly seventy percent of all burglaries involve a private residence. A normal amount lifted from dwellings, every time, is just below the 2000.00 mark. From that day forward, there is the augmented homeowners insurance premiums to deliberate. Deliberate also that more hard times in the economy will bring about more robbery and crime. There are compelling reasons to take a excellent, hard look at security for your residence. What happens if a person is at the residence; we aren’t only talking about robbery. Dallas Divorce Attorney can help you walk through the process with less stress.

One option, if you are interested in a perfect home-security system, but prefer not to buy one, is to contact one of the many companies that lease them. Like whatever thing else, you will find unique pros and cons with a leased system. Of course, one of the pros for leasing is the fact that your initial expenses will be less. But the downside to that is you will pay more over the longer term of the narrow.

As you go into a business, do you see the security systems? All of them show them prominently, and those shiny domes on the ceilings in some stores are housing security cameras. There is a valid reason that you can just about always see security cameras – they serve as a deterrent. You ought to place your home security cameras in the same manner. Being videotaped breaking into someone’s home is not a touch the majority of people want on videotape. By all means they could be covering their faces and there is no source of security that is perfect for the everyday person. Yet this means of deterring the would-be thief comes highly advised.

Safeguard is outstanding now that the advances in security have become partners with the World Wide Web. Contingent on the circumstances you are in with your home, you can watch your dwelling via remote cameras. Services are available that integrate with the internet to allow you to look at video feed from your own security cameras via your account. To be sure this isn’t an all inclusive pledge. But if anyone is in your home for example, all you need to quickly check in on them is a web tie and you can do that from anywhere.

After learning all you need to know about what you want and what’s available, you will doubtless realize that it isn’t de rigueur to buy the top-of-the-line products or systems. You can figure out quite easily just exactly what you need and then shop around until you find the best-priced most reliable quality products.

Get the right Dallas Family Lawyer at www.reedriordan.com.

Popular Tags:

Comment » | Home

Are you protected if you alert authorities to illegal activity at your company?

January 28th, 2012 — 10:22am

A lot of bent and illegal actions may be conducted around or near you, be it at the headquarters or the general public domain.

There are uncountable billions of greenbacks of fraud being committed every year, and someone knows about all of them. If you want to blow the lid off on a case of suspected crime or illegal behaviour and file a suit against an individual or corporation, you now have the ability to get whistle blowing safeguard.

Often it happens in cases of firms that a worker does not want to come out in the open as he fears retaliation by his employer. If you are facing the same or an analogous problem, it's time for you to no longer be frightened once and for all.

You now have the ability to report anyone you want to if you believe crime to the authorities and be free to whistleblower safeguard. If you're a common public, reading between the lines of legal papers is not possible.

This paper will let you know precisely how you can get whistle blowing safeguard.

– It is critical that you talk to a lawyer who is a consultant in employment law. Let him know about your whistle blowing case against your employer or work colleagues and question for help.
– It is valuable that you gain help from the attorney as to how you can get safeguard as deemed by law. You also must know whether or not there is a case. The law can be intricate and it’s hard to know what is considered illegal occasionally.

– Learn the actual actions or suits that have claim to get whistle blowing safeguard. You can take a look at the authoritative internet sites of the Fed. and local government for information respect. Try and gain as much info as you can on the agency you will file your suit in as it is going to choose the kind of safeguard you will be getting.

Bear in mind that there is an American qui tam attorney who is always will help you in representing a whistleblowing case. Read on the article of Hazelene Fisk to learn more.

Popular Tags:

Comment » | News

« Previous Entries     

↑ Back to top