Generally, What Constitutes A Trade Secret Is A Question of Fact
February 01, 2021 —
David Adelstein - Florida Construction Legal UpdatesIn construction, contractors maintain competitiveness by compiling, combining, utilizing, or developing proprietary and unique systems. The systems can be from a cost standpoint (determining general conditions or general requirement costs and percentages including percentages for insurance) or can be with respect to certain construction assembly or delegated design components. Such proprietary and unique systems are trade secrets to the contractors and efforts are taken to identify such information as confidential when proposing on a project. Contractors would not want such systems disclosed to others because it would dilute and impact what they believe is valuable and makes them competitive in the marketplace.
Florida’s Uniform Trade Secret Act (“FUTSA”) creates a statutory cause of action for the misappropriation of trade secrets. (FUTSA is set forth in Florida Statute s. 688.001 en seq.) FUTSA displaces or “preempts all claims [such as common law claims] based on misappropriation of trade secrets.” Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc., 391 F.Supp.2d 1148, 1167 (S.D.Fla. 2005). See also Fla. Stat. s. 688.008.
Florida Statute s. 688.002 (found here) defines the terms “trade secret” and “misappropriation.”
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries
July 30, 2015 —
Kristian B. Moriarty, R. Bryan Martin and Lee Marshall – Haight Brown & Bonesteel LLPIn Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The Court cited an exception to the general rule that manufacturers may not be held liable, under a strict products liability theory, where the plaintiff’s injuries arise from other products that are used in conjunction with the defendant’s product.
Plaintiff and appellant, Michael Sherman, was an automobile mechanic from 1962 to 1977. Mr. Sherman alleged that during this period he used an arcing machine, which abraded brake linings by means of sand paper moving at high speeds. Sherman alleged the machine released asbestos dust, which he then brought home, exposing his wife Debra Sherman to asbestos. Ms. Sherman developed mesothelioma and passed away from exposure to the asbestos dust carried home by her husband.
Reprinted courtesy of
Kristian B. Moriarty,
R. Bryan Martin and
Lee Marshall of Haight Brown & Bonesteel LLP
Mr. Moriarty may be contacted at kmoriarty@hbblaw.com
Mr. Martin may be contacted at bmartin@hbblaw.com
Mr. Marshall may be contacted at lmarshall@hbblaw.com
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Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!
June 26, 2023 —
Bremer Whyte Brown & O'Meara LLPBWB&O is excited to announce Partner
Courtney Serrato and Associates
Andrew Arakelian,
Pamchal Deylami, and
Brian Taylor have been selected in the 2023 Southern California Super Lawyers list as Rising Stars for their work in Family Law and Civil Litigation. To read Super Lawyers’ digital publication, please click
here.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The objective of Super Lawyers’ patented multiphase selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Please join us in congratulating Courtney, Andrew, Pamchal, and Brian on achieving this level of recognition!
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Bremer Whyte Brown & O'Meara LLP
Milhouse Engineering and Construction, Inc. Named 2022 A/E/C Building a Better World Award Winner
September 12, 2022 —
Milhouse Engineering and Construction, Inc.CHICAGO, IL, Sept. 07, 2022 (GLOBE NEWSWIRE) -- PSMJ has awarded Milhouse Engineering and Construction, Inc. (Milhouse) their 2022 Building a Better World award. This recognition is given to a firm in the Architecture, Engineering, and Construction industries that significantly and positively impacts the communities they serve. This highly regarded award is chosen by a panel of industry visionaries and leaders based on the impact and nature of the activities completed by the organization.
"Firms nominated for an A/E/C Building a Better World Award come in all sizes, from less than 10 architects to over 10,000 civil engineers. What they share is a realization that giving time and resources to those less fortunate is the right thing to do. And more and more, the most sought-after candidates for open positions are judging firms on their level of corporate social responsibility," says Frank A. Stasiowski, FAIA, Founder and CEO of PSMJ Resources, Inc.
In 2012, Milhouse established
Milhouse Charities, the 501c3 non-profit arm of the Milhouse family of companies. Milhouse Charities supports the Milhouse vision "to be a positive impact" by supporting the education, exposure and advancement of underrepresented youth and minorities in science, technology, engineering and math (STEM). Since its founding in 2012, Milhouse Charities has invested over $1 Million and 7,000 hours of community service into STEM, resource, and mentorship programs. The organization has made a global impact having done service in Illinois, Indiana, Pennsylvania, New York, Atlanta, and throughout Africa.
About Milhouse Engineering and Construction, Inc.
Milhouse Engineering and Construction, Inc. is a full-service engineering firm offering expertise in civil, mechanical, electrical, structural and environmental engineering, as well as construction and program management. We deliver creative solutions to complex problems around the globe. Driven by our diverse perspectives, we challenge the status quo to pursue a brighter future for the communities we serve. Milhouse has been named a 'Best & Brightest Companies to Work For' for 17 years in a row and is ranked as an 'ENR Top 500 Design Firm'. Follow us on
LinkedIn and
Facebook.
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The Treasures Inside Notre Dame Cathedral
May 06, 2019 —
James Tarmy & Eugene Reznik - BloombergParis’s Notre Dame cathedral took more than 200 years to build and just a few hours to burn. The structure’s construction began in the 12th century; six hundred years later, it was rehabilitated by Napoleon in the 1800s. In the interim, kings were crowned underneath its monumental stained glass windows even as the city around it rose, fell, and rose again.
It has served as the setting of numerous historical events, including Napoleon’s coronation in 1804. In August 1944, a special mass in the cathedral attended by General Charles de Gaulle was held to celebrate the liberation of Paris from the Nazis.
The spire contained relics of Saint Denis and Saint Genevieve, the patron saints of Paris, according to Laurent Ferri, a curator in the Division of Rare and Manuscript Collections at Cornell University and former conservateur du patrimoine at the French National Archives. The archbishop of Paris placed the relics at the summit of the church in 1935 to protect the building. “They are now likely reduced to ashes,” Ferri says.
Reprinted courtesy of
James Tarmy, Bloomberg and
Eugene Reznik, Bloomberg
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Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures
August 20, 2018 —
Anthony B. Cavender - Gravel2GavelOn July 23, 2018, the U.S. Court of Appeals for the Second Circuit decided the case of Cooling Water Intake Structure Coalition v. EPA. Environmental conservation groups and industry associations petitioned for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to section 316(b) of the Clean Water Act (CWA), establishing requirements for cooling water intake structures at existing facilities. Denying the petitions for review, the Court of Appeals summarized:
“Because we conclude, among other things, that both the Rule and the biological opinion are based on reasonable interpretations of the applicable statutes and sufficiently supported by the factual record, and because the EPA 3 gave adequate notice of its rulemaking, we DENY the petitions for review.”
This is a significant CWA and Endangered Species Act (ESA) decision involving the operation of major industrial facilities requiring the daily use of large amounts of water taken from adjacent bodies of water.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case
December 31, 2014 —
Beverley BevenFlorez-CDJ STAFFAccording to Sean Whaley of the Las Vegas Review-Journal, “The Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents.” However, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.” Whaley reported that this construction defect case was touted as the largest in Nevada history.
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2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others
January 24, 2018 —
Garret Murai – California Construction Law BlogU.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to
Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at least in certain industry segments.
The construction industry as a whole is in a “mature stage of expansion,” indicates Robert Murray, Chief Economist for Dodge Data & Analytics. “After rising 11% to 13% per year from 2012 through 2015, total construction starts advanced a more subdued 5% in 2015. An important question entering 2017 was whether the construction industry had the potential for further expansion,” explained Murray.
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Garret Murai, Wendel, Rosen, Black, Dean, LLP Mr. Murai may be contacted at
gmurai@wendel.com