Practical brief for Florida business litigators handling trade secret, non-compete and non-solicitation matters.
Trade secret and restrictive covenant cases move fast. A key employee resigns on a Friday, a major client stops returning calls the next week, and by the time anyone asks what happened, the trail is weeks old. Counsel needs facts quickly: where did the employee go, what are they doing, who are they talking to, and is any of it in breach of an agreement or a duty? A licensed private investigator can develop much of that factual record lawfully, discreetly and in a form an attorney can use.
This article explains where an investigator fits in a Florida trade secret or non-compete case, what we can and cannot do, and how to get the most out of the engagement. It is not legal advice; your attorney decides the legal strategy, and we develop facts to support it.
Why the facts matter so much in these cases
Florida’s restrictive covenant statute and trade secret laws put real weight on proof. To enforce a non-compete or non-solicitation agreement, an employer generally has to show a legitimate business interest and a breach. To pursue trade secret misappropriation, the owner has to show what the secret is, that reasonable steps were taken to protect it, and that it was acquired or used improperly. Each of those elements turns on evidence. A judge considering a temporary injunction wants specifics, not suspicions.
Internal records, such as access logs, emails and device images, are usually handled by the company’s IT team or a forensic examiner. What those records often can’t show is what is happening outside the company: the new business, the new employer, the client meetings, the product that suddenly looks familiar. That is where field investigation comes in.
What an investigator typically does for counsel
1. Confirm where the former employee went and what they are doing
Through public records, corporate filings, professional licensing data, business registrations and open-source research, we can often identify a new employer, a newly formed company, or a business the employee is quietly connected to. Florida’s Division of Corporations filings, fictitious name registrations and local business tax records are frequent starting points.
2. Map the competing business
When a competitor appears, we research the entity, its officers and registered agents, its addresses, its online presence and its relationships with other businesses. That helps counsel see whether the new venture overlaps with the client’s customers, products or territory, and who else may be involved.
3. Document competitive activity in the field
Where lawful and appropriate, surveillance can document a former employee visiting customer locations, working at a competing business during a restricted period, or meeting with people of interest. Florida investigators must follow state law on recording and privacy, including the two-party consent rule for audio, so we document with photography and video in public settings and never intercept communications.
4. Locate and interview witnesses
Former co-workers, customers and vendors often know what happened. We locate witnesses and, at counsel’s direction, conduct interviews and prepare summaries. Early interviews can shape the complaint, the injunction motion and the discovery plan.
5. Build an evidence timeline
Everything we gather is organized into a dated timeline with sources, photos and notes, so counsel can line it up against the forensic data and the agreement’s restricted period.
What an investigator should not do
A good investigation protects the case. A careless one can damage it. We do not:
- Access anyone’s email, accounts, phones or computers without authorization
- Record private conversations without consent
- Pretext for protected financial, phone or medical records
- Misrepresent ourselves to obtain confidential information from a competitor
- Contact represented parties without counsel’s direction
These limits are not just ethical; evidence gathered improperly can be excluded and can expose the client to counterclaims. Retaining the investigator through counsel helps keep the work focused and may support work-product protection, which is a determination for your attorney.
Timing: the first two weeks
The best results usually come from involving an investigator early. A practical sequence many litigators follow:
- Day 1–3: Counsel reviews the agreement and preservation steps; the company preserves devices and accounts; we receive a short brief on the employee, the restricted activities and the key customers.
- Day 3–7: Public-record and corporate research to identify the new employer or venture; initial witness list.
- Day 5–14: Targeted field work and surveillance tied to specific questions, such as whether the employee is servicing a named customer.
- Ongoing: Timeline updates and a written report that counsel can use to evaluate a demand letter, an injunction motion or settlement.
Waiting until after a lawsuit is filed is not fatal, but by then the most useful activity may already have happened unobserved.
Getting the most from the engagement
- Define the questions. “Find out what he’s doing” is expensive. “Is she calling on Customer A or B during the 12-month restricted period?” is efficient.
- Share the agreement and the theory. We can only document what matters if we know which territory, customers and activities are restricted.
- Coordinate with the forensic examiner. Digital evidence and field evidence are strongest when they tell the same story.
- Plan for testimony. Our reports are written so the investigator can explain the methods and findings if needed.
Piracy and IP spillover
Some trade secret matters turn into product or brand problems: a copied design, counterfeit goods, or a competitor using confidential pricing. We also document IP and piracy concerns, building clear evidence logs of where products are sold, by whom, and how. See our related article on trade secret concerns after an employee departure and our trade secret and IP theft investigations page.
Why firms bring these cases to us
Many PI firms focus on domestic and insurance work and turn down complex business matters. Trade secret, non-compete, IP, compliance and AML cases are our focus. MAYN Investigations is Florida’s leading local PI firm for business litigation support, based in Central Florida and working from Jacksonville to Naples, with most of our work in Central Florida. Our team brings military and law enforcement experience, and we’re available 24/7 when a departure can’t wait until Monday.
Explore our compliance and internal investigations services, our business litigation investigations, or our work as a private investigator in Orlando.
Talk to an investigator
If a key employee just left, or a competitor appeared out of nowhere, call (321) 340-3280 or request a confidential consultation. Alexander Maynfeld, Director of Investigations, MAYN Investigations FL, Florida Agency License A3400126. Evidence Wins Cases.
