Attorney
In today’s competitive business environment, information is often one of a company’s most valuable assets. However, not all information is treated the same under Florida law. For employers—especially those in tech, manufacturing, finance, and service industries—understanding the differences between confidential information, know-how, and trade secrets is essential for protecting your business.
At Boatman Ricci, we work with Florida employers to safeguard their proprietary assets and take swift legal action when those assets are misused or stolen by former employees, competitors, or vendors. This blog will explain the distinctions between these three categories and how we can help protect your interests.
Understanding the Differences
Confidential Information
Confidential information is a broad term that includes any non-public business information that a company wants to keep private. It may or may not qualify as a trade secret under Florida law.
Examples include:
- Customer lists
- Pricing models
- Financial data
- Business strategies
- Marketing plans
- Vendor relationships
While not all confidential information qualifies as a trade secret, employers can still take steps to protect it through contracts such as non-disclosure agreements (NDAs) and confidentiality clauses in employment agreements.
Know-How
Know-how refers to practical knowledge and hands-on expertise gained through experience. This is typically tied to skills or methods developed internally within a company.
Examples of know-how include:
- Unique manufacturing techniques
- Problem-solving methods
- Workflow improvements
- Specialized software usage
Know-how often overlaps with trade secrets but can be harder to define and protect unless properly documented and restricted through employment policies and agreements.
Trade Secrets
Trade secrets are a specific category of confidential information that receive legal protection under both Florida’s Uniform Trade Secrets Act (FUTSA) and the federal Defend Trade Secrets Act (DTSA).
To be considered a trade secret under Florida law, information must:
- Have independent economic value from not being generally known or readily ascertainable; and
- Be subject to reasonable efforts to maintain its secrecy
Examples of trade secrets:
- Proprietary algorithms or formulas
- Detailed technical schematics
- Secret recipes
- Internal product designs
- Source code
Unlike patents, trade secrets do not require registration, but if disclosed improperly, their value can be lost forever.
How Trade Secrets Are Misused
One of the most common threats to an employer’s confidential information is misappropriation by former (and sometimes current) employees. These individuals may:
- Take files, documents, or devices containing proprietary data
- Use or disclose trade secrets at a competing business
- Solicit clients using insider knowledge
- Breach NDAs or restrictive covenants like non-competes
This type of conduct not only jeopardizes your competitive edge, but it can also result in severe financial loss.
Legal Remedies for Employers
If you suspect a trade secret or confidential information breach, you may be able to seek legal relief through:
- Injunctive relief: A court order to prevent further use or disclosure
- Monetary damages: Compensation for lost profits, unjust enrichment, or economic harm
- Punitive damages: In cases of willful or malicious misappropriation
- Attorney’s fees: If the breach is proven to be intentional
Litigation under FUTSA and DTSA can be complex, especially when digital forensics, non-compete agreements, or multi-jurisdictional issues are involved. That’s where having the right legal counsel matters.
How Boatman Ricci Protects Employers
At Boatman Ricci, we help businesses throughout Naples, Fort Myers, and Florida take proactive and reactive steps to protect their most valuable assets. Our services include:
Preventive Strategies
- Drafting and enforcing non-disclosure, non-compete, and non-solicitation agreements
- Creating internal policies for trade secret protection
- Advising on employee onboarding and offboarding procedures
Investigating Breaches
- Analyzing digital footprints and employee communication
- Working with forensic experts to recover and track stolen data
- Assessing the scope of damages
Aggressive Enforcement
- Filing lawsuits under FUTSA or DTSA
- Pursuing emergency injunctions to stop the spread of sensitive information
- Negotiating settlements or litigating claims through trial when necessary
Whether you’re facing a current breach or want to avoid one in the future, our attorneys offer strategic, business-minded counsel tailored to your industry and objectives.
Don’t Wait to Act
The longer a trade secret or confidential asset is exposed, the harder it is to contain the damage. If you’re an employer in Florida concerned about protecting your proprietary information or responding to a suspected breach, Boatman Ricci is here to help.
Contact us today to schedule a confidential consultation and protect your assets.