Fight Back When Someone Takes Your Secrets with an Orlando Trade Secret Litigation Attorney
When a departing employee, partner, or competitor walks off with your confidential information, every day counts. As an Orlando, Florida trade secret litigation attorney, Keough Law pursues misappropriation claims under Florida's FUTSA and the federal DTSA—moving fast for injunctions, damages, and the relief that stops the harm.
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Every day it spreads, it's worth less
A trade secret's value depends on staying secret. Once a competitor has your customer list, pricing, or process, the advantage you spent years building can evaporate in weeks.
That's why these cases turn on speed. An early injunction can contain the damage—while waiting often makes the secret impossible to protect.
- A departing employee downloads files on the way out.
- A former partner uses your process at a new venture.
- A competitor suddenly has your pricing and client list.
- A vendor under NDA shares your confidential information.
What misappropriation requires
Under FUTSA and the DTSA, a claim has two core parts. We build both—and, on defense, attack the one that's weak.
It's a trade secret
The information has economic value from being secret, and you took reasonable steps to protect it.
It was misappropriated
It was acquired, disclosed, or used through improper means or a breach of a duty of confidence.
Two laws, one strategy
FUTSA (Florida)
Florida's Uniform Trade Secrets Act (Fla. Stat. ch. 688) provides injunctions, damages, unjust enrichment, and—for willful misappropriation—up to double damages and fees.
DTSA (Federal)
The federal Defend Trade Secrets Act opens the door to federal court for secrets tied to interstate commerce—and, in extraordinary cases, a civil seizure order.
The remedies that make you whole
Injunctive relief
Court orders to stop the use or disclosure of your secrets—often the most urgent and valuable remedy.
Damages & unjust enrichment
Recovery of your actual loss plus the wrongdoer’s gain, or a reasonable royalty where appropriate.
Exemplary damages
For willful and malicious misappropriation, up to double damages under FUTSA and the DTSA.
Attorney’s fees
Available for willful misappropriation—or against a party who brings a claim in bad faith.
Counsel who knows what's worth protecting
Because we both protect trade secrets and litigate them, we understand what makes information defensible—and we move quickly to contain a leak and pursue the remedies that matter.
“Working with startups in the Orlando area since 1989, I've come across and worked with many attorneys. In that time, I've worked with two that stood head and shoulders above the rest. Shaun is one.”
Burnout Game Ventures
Startups & IP
From discovery to recovery
Investigate fast
We move quickly to preserve evidence, identify what was taken, and document the improper access or breach.
Stop the bleeding
We seek a temporary restraining order or preliminary injunction to halt use and disclosure immediately.
Litigate the claim
We prosecute the misappropriation case under FUTSA and the DTSA through discovery to resolution.
Recover
We pursue damages, the wrongdoer’s profits, and—where warranted—exemplary damages and fees.
Need to protect secrets, not litigate them?
This page is about enforcement after misappropriation. If you want to identify, mark, and lock down your confidential information before there's a problem, see our trade secrets protection service. A strong NDA is often the first line of defense—and the foundation of a misappropriation claim.
Trade secret litigation questions
What is trade secret misappropriation?
Misappropriation is the improper acquisition, disclosure, or use of a trade secret. Under Florida’s Uniform Trade Secrets Act (FUTSA, Fla. Stat. ch. 688) and the federal Defend Trade Secrets Act (DTSA), you must show the information qualifies as a trade secret and that it was taken or used through improper means or a breach of a duty to keep it confidential.
What qualifies as a trade secret?
Information that derives independent economic value from not being generally known and that the owner took reasonable steps to keep secret—formulas, processes, customer and pricing data, source code, and methods. If you didn’t take reasonable steps to protect it, it may not qualify, which is why protection and litigation go hand in hand.
How is this different from your trade secrets protection page?
Our intellectual property trade secrets service is about preventing loss—identifying, marking, and protecting your confidential information before there’s a problem. This page is about litigation: enforcing your rights and pursuing remedies after someone has taken or used your secrets.
Should I sue in state or federal court?
It depends. FUTSA claims are typically brought in Florida state court; the DTSA allows suit in federal court when the trade secret relates to interstate or foreign commerce, and in extraordinary cases permits a civil seizure order. We assess which forum and statute give you the strongest, fastest path to relief.
How fast do I need to act?
Immediately. Trade secret cases are won or lost in the first days. Quick action preserves evidence, supports an emergency injunction, and limits the spread of your information. FUTSA also imposes a time limit—generally three years from when the misappropriation was or should have been discovered.
What if I’m accused of misappropriating trade secrets?
We defend these claims too. Common defenses include that the information isn’t actually a trade secret, that it was independently developed or publicly known, or that no improper means were used. We also push back on overbroad injunctions that would unfairly restrict legitimate work.
Ready to protect
what you've built?
Schedule a free, confidential consultation. We'll talk through your situation and figure out the right next step together.