Annotations, Discussions, Cases:
Cases Citing Statute 90.506
Total Results: 45
984 So. 2d 478, 2008 WL 596700
Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177
Cited 68 times | Published
...(2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla. Stat. (2006) (providing for husband-wife privilege); § 90.505, Fla. Stat. (2006) (providing for privilege with respect to communications to clergy); § 90.5055, Fla. Stat. (2006) (providing for accountant-client privilege); § 90.506, Fla....
8 So. 3d 1232, 2009 Fla. App. LEXIS 3979, 2009 WL 1162856
District Court of Appeal of Florida | Filed: May 1, 2009 | Docket: 1654685
Cited 21 times | Published
...he motion to compel or in its written order that any of the requested information constitutes trade secrets. When the circuit court reconsiders the motion to compel on remand, it should give appropriate consideration to the trade secrets issue under section 90.506, Florida Statutes (2008)....
625 So. 2d 1277, 1993 Fla. App. LEXIS 10342, 1993 WL 406632
District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 1517596
Cited 20 times | Published
...e parties' contracts and determining the issue of the source code's ownership. IJE contends that production of the Nintendo source code is absolutely necessary to its case since only then can IJE determine that Rare did not copy the IBM source code. Section 90.506, Florida Statutes (1991), states that "[a] person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by him if the allowance of the privilege will not conceal fraud or otherwise wo...
416 So. 2d 1276, 1982 Fla. App. LEXIS 20564
District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 580651
Cited 20 times | Published
...sought to be discovered may be privileged *1278 and therefore beyond permissible discovery. [2] Petitioner contends that the items sought to be discovered are not only irrelevant to the subject matter of either count, [3] but are privileged as well. Section 90.506, Florida Statutes (1981) (Florida Evidence Code) recognizes a privilege with respect to trade secrets....
359 So. 2d 1200, 1978 Fla. App. LEXIS 16143
District Court of Appeal of Florida | Filed: Jun 23, 1978 | Docket: 1418439
Cited 18 times | Published
...rule is stated as follows: "Trade secrets. Disclosure of trade secrets is not required on discovery except in such cases and to such extent that the disclosure is indispensable to the ascertainment of the truth." The public policy may be found in F.S. 90.506, recently adopted by the legislature, which, however, does not become effective until July 1, 1978....
761 So. 2d 1206, 2000 Fla. App. LEXIS 8037, 2000 WL 826943
District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 1300233
Cited 17 times | Published
...enerally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Section 90.506, Florida Statutes provides: A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice....
33 So. 3d 148, 2010 Fla. App. LEXIS 6556, 2010 WL 1879469
District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1649268
Cited 16 times | Published
...4th DCA 1996) ("The patient's obligation is not to pay whatever the provider demands, but only a reasonable amount."). [3] The trial court's findings, while brief, sufficed for this purpose. However, the trial court also must take such protective measures as are required. § 90.506, Fla....
...y order requiring disclosure in such a way as to protect the hospital's trade secret interests. Granted in part. POLEN, STEVENSON and LEVINE, JJ., concur. NOTES [1] Percutaneous disc decompression. [2] Trade secrets are privileged from disclosure by section 90.506, Florida Statutes, which provides as follows: A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice....
641 So. 2d 103, 1994 WL 45171
District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 1648569
Cited 12 times | Published
...v. West Florida Scrap Metals, 407 So.2d 380, 382 (Fla. 1st DCA 1981). The court must take protective measures to protect the interests of the holder of the trade secret privilege and the opposing party, and to further the interests of justice. Id.; § 90.506, Fla....
820 So. 2d 445, 2002 Fla. App. LEXIS 9700, 2002 WL 1466478
District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1362703
Cited 11 times | Published
...To determine whether this court has jurisdiction for certiorari review, we must first "assess whether the petitioner has made a prima facie showing that the order creates irreparable harm." Morgan, Colling & Gilbert, P.A. v. Pope, 798 So.2d 1, 3 (Fla. 2d DCA 2001). Trade secrets are privileged under section 90.506, Florida Statutes (2000), and Florida cases recognize that their disclosure creates the potential for irreparable harm....
917 So. 2d 336, 2005 Fla. App. LEXIS 20143, 2005 WL 3499935
District Court of Appeal of Florida | Filed: Dec 23, 2005 | Docket: 2539311
Cited 11 times | Published
...Florida Statutes. The Association further argues that confidentiality in the peer review process is essential for the delivery of high-quality health care to the people of Florida and the order under review will chill peer review participation. [4] § 90.506, Fla....
722 So. 2d 944, 1998 WL 903916
District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1669166
Cited 9 times | Published
...Certiorari review is available for an order that denies protection from disclosure of information that is alleged to be privileged. See Uniroyal Goodrich Tire Co. v. Eddings, 673 So.2d 131, 132 (Fla. 4th DCA 1996). Trade secrets are privileged under section 90.506, Florida Statutes (1995): A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice....
407 So. 2d 380, 1981 Fla. App. LEXIS 21975
District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467428
Cited 8 times | Published
...Everglades Protective Syndicate v. Makinney, 391 So.2d 262, 263-264 (Fla. 4th DCA 1980). While the contracts may provide information relevant to West Florida's affirmative defense, the petitioners have argued that the information is privileged as a trade secret under Section 90.506, Florida Statutes....
...et. If so, the court is directed to permit discovery with safeguards to protect the secret nature of the information. Paragraph 2 of the lower court order is therefore quashed. Certiorari granted. SHAW, WENTWORTH and THOMPSON, JJ., concur. NOTES [1] 90.506 Privilege with respect to trade secrets....
899 So. 2d 1205, 2005 WL 856075
District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1353758
Cited 8 times | Published
...Spunberg, 722 So.2d 944 (Fla. 4th DCA 1998); Rare Coin-It, Inc. v. I.J.E., Inc., 625 So.2d 1277 (Fla. 3d DCA 1993). Because we have jurisdiction, we turn our attention to whether the trial court departed from the essential requirements of the law. Pursuant to section 90.506, Florida Statutes (2004), a party has a privilege to refuse to disclose a trade secret if the allowance of the privilege will not conceal fraud or create injustice....
507 So. 2d 1180
District Court of Appeal of Florida | Filed: May 29, 1987 | Docket: 459971
Cited 7 times | Published
...Freedom. Ramsey, as an officer of CFC, also objected to disclosure on the ground that CFC's methods of acquiring and assimilating information, and ultimately rendering advice based on that information, are closely guarded trade secrets protected by section 90.506 Florida Statutes (1985)....
...important to view the trade secret cases cited by Ramsey in the context in which they arose. Many of them, such as Standard & Poor's and Sun Crete, involved suits between competitors. The purpose underlying the trade secrets privilege established by section 90.506 is to prohibit a party to a suit from obtaining valuable information that could be used to its own advantage, relying upon the duty of a witness to answer questions truthfully. See Law Revision Council Note to § 90.506, quoted in Fortune Personnel Agency of Ft....
...4th DCA 1982). The likelihood of such an abuse of the discovery process is lessened where, as here, the party seeking discovery appears to have no real interest in the business techniques of the witness or his employer. Finally, the privilege provided by section 90.506 is not absolute....
148 F. Supp. 2d 1322, 59 U.S.P.Q. 2d (BNA) 1734, 2001 U.S. Dist. LEXIS 8117, 2001 WL 687515
District Court, S.D. Florida | Filed: May 21, 2001 | Docket: 2433626
Cited 7 times | Published
...asonable particularity the trade secrets it claims Dr. Funk has misappropriated. In fact, the opposite is true. A party who resists production of trade secrets in Florida usually does so under the state's statutory trade secret privilege, Fla. Stat. § 90.506....
...he protective order that is in place in this case. It is therefore: ORDERED AND ADJUDGED that Dr. Funk's motion to compel (DE # 212) is GRANTED. NOTES [1] The commentary to this provision states that § 1060 of California's Evidence Code is similar. Section 90.506 of the Florida Statutes states: A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice. When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require. Fla. Stat. § 90.506. [2] Although most cases discussing the trade secret privilege find that an in camera inspection is warranted, the comments to Fla. Stat § 90.506 indicate that a protective order is sufficient to satisfy the "protective measures" requirement.
81 So. 3d 486, 2011 Fla. App. LEXIS 19768, 2011 WL 6117220
District Court of Appeal of Florida | Filed: Dec 9, 2011 | Docket: 2414292
Cited 6 times | Published
...ng the need to maintain confidentiality. Second, any sharing provision that allows for the dissemination of trade secrets to third parties without a court considering whether the material (1) conceals a fraud or (2) works an injustice is contrary to section 90.506, Florida Statutes (2010)....
...for other jurisdictions. For these reasons, the underlying sharing provision constitutes a departure from the essential requirements of law. Second, even if the sharing provision were otherwise sound, the dissemination provision as written violates section 90.506, Florida Statutes (2010), which provides: A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice....
...The underlying protective order allows Wal-Mart to assert that discovery material is a trade secret and then authorizes the dissemination of those trade secrets to third parties who have not made a showing that the trade secrets will (1) conceal a fraud or (2) work an injustice. § 90.506, Fla. Stat. Sharing provisions, like the underlying one, which allow the dissemination of trade secrets without considering these factors codified in section 90.506 are per se unlawful....
512 So. 2d 264
District Court of Appeal of Florida | Filed: Aug 26, 1987 | Docket: 1517437
Cited 6 times | Published
...However, we reject appellant's contention that this statute provides absolute immunity from discovery of confidential information where a party in a formal administrative proceeding can demonstrate the necessity for disclosure. *266 Pursuant to the provisions of section 90.506, Florida Statutes (1985), the owner of a trade secret has the privilege of refusing to disclose the secret and to prevent other persons from disclosing it, provided that nondisclosure will not conceal fraud or otherwise work injustice....
770 So. 2d 221, 2000 WL 1584855
District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 1779053
Cited 5 times | Published
...enerally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Section 90.506, Florida Statutes (1999) further provides, A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice....
514 So. 2d 1158, 12 Fla. L. Weekly 2556
District Court of Appeal of Florida | Filed: Nov 6, 1987 | Docket: 1467105
Cited 5 times | Published
...During the course of a lawsuit based on breach of an oral contract and fraud, respondent *1159 requested production of certain documents. Petitioner objected to the production request on two grounds. First, that the documents are trade secrets and thus privileged pursuant to section 90.506, Florida Statutes (1985) and Florida Rule of Civil Procedure 1.280(b)....
...On remand, the trial court shall first determine whether the documents constitute trade secrets. If so, the respondent must then show the reasonable necessity for the documents. If the court grants disclosure, it must take adequate measures to protect the interests of the petitioner, the parties, and justice. § 90.506, Fla....
592 So. 2d 1231, 1992 WL 13825
District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 1429647
Cited 5 times | Published
...Velocci, 416 So.2d 1276 (Fla. 5th DCA 1982). Valid customer lists and confidential business information are protected as trade secrets. Fortune Personnel Agency of Ft. Lauderdale, Inc. v. Sun Tech, Inc. of South Florida, 423 So.2d 545 (Fla. 4th DCA 1982); Section 90.506, Fla....
709 So. 2d 601, 1998 WL 158884
District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 1278842
Cited 5 times | Published
...Copies of any and all versions of the subject hotel software system, including but not limited to all versions of technical documentation in testing files. After Computel served an objection to both numbered requests on the ground that the documents sought were protected by the trade secrets privilege of section 90.506, *603 Florida Statutes, Dumas' motion to compel production brought the matter to a hearing....
566 So. 2d 906, 1990 WL 129700
District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 425353
Cited 3 times | Published
...hip to its client Central Savings and Loan, as this material may reflect trade secrets of the petitioner. This portion of the order is also quashed. The trial court is directed to inspect the subject material in camera and to apply the provisions of section 90.506, of the Florida Statutes....
774 So. 2d 59, 2000 WL 1634414
District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 2508171
Cited 3 times | Published
...ers dated June 29, 2000, and July 12, 2000, overruling Petitioners' exceptions to reports and recommendations of a special master. They have asserted that these orders require production of documents that are protected by the trade secret privilege, section 90.506, Florida Statutes (1999), as the materials constitute customer lists....
423 So. 2d 545
District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 544972
Cited 3 times | Published
...Years before the legislature acted on the general subject, the courts of this state recognized customer lists [2] and business information [3] as trade secrets and protected employers whose employees were exposed to confidential information. Then the legislature enacted section 90.506, Florida Statutes (1979) which was in effect when petitioner's alleged causes of action arose; it provides: *546 A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by h...
...3d DCA), cert. denied, 120 So.2d 619 (Fla. 1960). [4] Sun Tech Inc. v. Fortune Personnel Agency, 412 So.2d 962 (Fla. 4th DCA 1982). [5] The order restrains respondents' further divulgence, not use. [6] It is surprising to us that none of the parties mention section 90.506, Florida Statutes (1979), to this court....
644 So. 2d 103, 1994 WL 523642
District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1672319
Cited 2 times | Published
...III The Evidence Code provision on trade secrets states, in part: "A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by him if the allowance of the privilege will not conceal fraud or otherwise work injustice." § 90.506, Fla....
...of the opponent's case, may guide the judge in deciding whether to order disclosure. However, the judge is afforded wide discretion to permit the privilege to be invoked so long as the wrongdoer is not allowed to conceal his acts. 6B Fla. Stat. Ann. § 90.506 (1979), Law Revision Council Note (citations omitted)....
69 So. 3d 1045, 2011 Fla. App. LEXIS 14849, 2011 WL 4375008
District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2358911
Cited 2 times | Published
...The trial court properly concluded that the documents are subject to production. But when the trial court directs disclosure of trade secrets, it must take appropriate measures to protect the interests of the trade secret holder, the interests of the parties, and the furtherance of justice. § 90.506, Fla....
87 So. 3d 791, 2012 WL 751965
District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 60308044
Cited 2 times | Published
sought-after discovery is protected as trade secrets, see § 90.506, Fla. Stat. (2010) (privilege with respect to
582 So. 2d 736, 1991 Fla. App. LEXIS 6569, 1991 WL 125330
District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 1715700
Cited 2 times | Published
...nd addresses learned in discovery from Deltona may not be used for solicitation of legal representation. [3] See generally Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 352 & n. 17, 98 S.Ct. 2380, 2390 & n. 17, 57 L.Ed.2d 253, 266 & n. 17 (1978); § 90.506, Fla....
238 So. 3d 840
District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318529
Cited 1 times | Published
trade secrets are privileged from disclosure. § 90.506, Fla. Stat. (2017). An improper order piercing
District Court of Appeal of Florida | Filed: Sep 9, 2022 | Docket: 65217210
Published
Trade secrets are privileged pursuant to section 90.506, Florida Statutes (2019). "To ensure
District Court of Appeal of Florida | Filed: Sep 25, 2020 | Docket: 18474721
Published
On the record here, we agree. Section 90.506, Florida Statutes (2019), sets forth Florida's
230 So. 3d 955
District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 60283758
Published
the person br the person’s agent or employee. § 90.506, Fla. Stat. (2016). When someone objects to the
170 So. 3d 804
District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609424
Published
...3d DCA
3
2012). The disclosure of “cat-out-of-the-bag material” information, such as trade
secrets, can constitute irreparable harm. Cooper Tire & Rubber Co. v. Cabrera, 112
So. 3d 731, 733 (Fla. 3d DCA 2013).
Trade secrets are privileged under section 90.506, Florida Statutes, but the
privilege is not absolute....
...(quoting Arthur Finnieston, Inc. v. Pratt, 673 So.2d 560, 562 (Fla. 3d DCA
1996))).
7
Further, if disclosure is ordered, the trial court should take measures to limit
any harm caused by the production. See § 90.506 (“When the court directs
disclosure, it shall take the protective measures that the interests of the holder of
the privilege, the interests of the parties, and the furtherance of justice require.”).1
In this case, the parties d...
District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814077
Published
See Fla. R. Civ. P. 1.280(b)(1). However, section 90.506, Florida Statutes (2023), provides, “[a] person
731 So. 2d 51, 1999 WL 152566
District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 1408760
Published
...Like other rulings on evidence, the decision on this issue can be fairly reviewed on appeal from the final decision of the agency. The proper remedy for a violation of the trade secret privilege depends on whether the information was disclosed before or after the privilege is asserted. Section 90.506, Florida Statutes, states that "[a] person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice." This section applies in advance to prevent disclosure....
District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162689
Published
harm caused by the production.” Id. (citing section 90.506, Florida Statutes). "When the court directs
District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654634
Published
658 So. 2d 523, 530 (Fla. 1995)). Section 90.506, Florida Statutes (2021), governs the discoverability
District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236874
Published
trade secrets are privileged from disclosure. § 90.506, Fla. Stat. (2017). An improper order piercing
