Someone Broke Your Confidentiality Agreement? Get Clear Answers Fast

A breach of an NDA happens when someone shares, copies, or uses your confidential information in a way the signed agreement does not allow. This page explains how these disputes work in Florida and how KEW Legal handles them for business owners and investors in Miami-Dade and South Florida. Kristina E. Wilson is the responsible lawyer for this page.

What an NDA Breach Means for Your Business

A breach occurs when someone discloses or uses protected information outside the terms of a nondisclosure agreement (NDA). An NDA is a written promise to keep named information private and to use it only for stated purposes.

Intent matters less than the agreement’s wording. Careless sharing can still count as a breach if the agreement covers that conduct.

Who usually needs this help:

• Co-owners and partners who share financial or customer records during a dispute
• Investors and buyers who review confidential financials during due diligence
• Vendors and service providers who reuse your designs, pricing, or processes
• Employers dealing with former employees who take protected information

An NDA can stand alone or sit inside a partnership agreement, purchase agreement, vendor contract, or employment agreement. For the wider picture, see our page on business contract and vendor disputes.

What Our NDA Breach Work Covers

We handle both sides of these disputes. We enforce an NDA against a party who broke it, and we defend your business when someone claims you did.

• Contract claims. We review what the agreement defines as confidential, which uses it allows, and which exceptions apply.
• Trade secret claims. Under Fla. Stat. § 688.002, a trade secret must derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. It must also be the subject of reasonable secrecy efforts.
• Injunctions. Fla. Stat. § 688.003 says actual or threatened misappropriation may be enjoined. We assess whether a court order is needed to stop further disclosure.
• Damages. Fla. Stat. § 688.004 allows recovery of actual loss and unjust enrichment. It also allows damages measured by a reasonable royalty. If willful and malicious misappropriation exists, exemplary damages up to twice the award may be available.
• Restrictive covenants. A court will not enforce a non-compete or non-solicitation term unless it is in a writing signed by the person against whom enforcement is sought. It must also be reasonable in time, area, and line of business, under Fla. Stat. § 542.335.
• Defense. When your business is accused, we review whether the terms are overbroad.
• Demand letters and settlement. A written demand can be a first step in addressing a business dispute.

Common Situations Behind NDA Disputes in Miami-Dade

An NDA dispute can begin when confidential information leaves through an ordinary business relationship. Dramatic theft is less common.

• A co-owner shares customer lists or pricing with a competitor during a buyout fight.
• A vendor reuses your proprietary designs or pricing for another client.
• A prospective buyer reviews financials during due diligence, then uses them outside the deal.
• A former manager takes protected files to a new employer.
• A landlord or real estate partner discloses deal terms or property plans.

Several mistakes weaken these claims:

• Unsigned or undated agreements. Unless another law provides otherwise, Florida law says an electronic signature has the same force as a written one, under Fla. Stat. § 668.004. Keep proof of how the agreement was signed.
• Vague definitions. An agreement that never defines confidential information is harder to enforce.
• Waiting. Delay after you learn of a disclosure can hurt your position.
• Open access. Trade secret protection depends on reasonable secrecy efforts, so limit who can see sensitive files.

How KEW Legal Handles an NDA Breach Matter

We start with a consultation, move to a written demand and negotiation, and file suit only when the matter requires it.

1. Consultation. We review the agreement, the timeline, and what you believe was shared or used.
2. Evidence. We identify the protected information, who received it, and the emails, files, or access records that show what happened. Preserve these now.
3. Demand letter. We state the breach, the corrective steps you want, and a deadline to respond.
4. Negotiation. Options can include return or destruction of materials, written certifications, or a negotiated payment.
5. Litigation. If needed, we file in the proper Florida court, seek injunctive relief where warranted, and pursue damages.

Deadlines matter. Trade secret claims must be brought within 3 years after the misappropriation is discovered or should have been discovered, under Fla. Stat. § 688.007. Contract claims fall under the time limits in Fla. Stat. § 95.11, so review them promptly. Venue rules are checked early, under Fla. Stat. § 47.011.

Timing depends on the facts, the court’s schedule, and how the other side responds. We explain the expected steps once we know your matter.

Why Work With KEW Legal on Confidentiality Disputes

KEW Legal is a Florida business law firm. It acts as outside general counsel for business owners and investors across Miami-Dade and South Florida.

• The firm has offices in Coral Gables and Sunny Isles Beach. It serves clients in Miami, Aventura, Doral, Brickell, Fort Lauderdale, and Broward County.
• Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also a lawyer at the firm.
• Our lawyers focus on partnership, vendor, employment, acquisition, succession, lease, and investment property matters. Confidentiality issues often arise inside those matters.
• Our team also helps clients draft the NDAs and contracts that create confidentiality duties, so drafting and dispute work connect.
• The first consultation is free, confidential, and without obligation to continue.

Frequently Asked Questions About NDA Breach Claims in Florida

Talk to KEW Legal About Your Confidential Information Today

If a partner, vendor, buyer, or former employee has shared your confidential information, don’t wait to act. Each day of further disclosure can make the problem harder to contain.

Bring the signed NDA, related contracts, and a short timeline of when and how you learned of the disclosure. Call 305-990-2300 or send us a message to schedule your free, confidential consultation. Our offices are in Coral Gables and Sunny Isles Beach.