Clark v. State
Florida District Court of Appeal
670 So. 2d 1056 (1996)

- Written by Rich Walter, JD
Facts
Noel Clark (defendant) worked as a salesperson for Norman Frick’s real estate company. Frick compiled and maintained information sheets that abstracted the contents of listing agreements and contained brief descriptions of each property the company was marketing. Frick and his employees made use of these sheets internally and distributed copies to outside real estate agents and attendees at public open-house showings. Clark seized the information sheets after he and Frick fell into a bitter argument. Frick filed a criminal complaint, and the State of Florida (plaintiff) successfully prosecuted Clark for theft of Frick’s trade secrets, a third-degree felony. The relevant statute defined a trade secret as all or part of a formula, pattern, device, combination of devices, or compilation of information that provided a business with an advantage, or an opportunity for an advantage, over those who did not know or use the information. Clark appealed his conviction to the Florida District Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Patterson, C.J.)
Concurrence (Altenbernd, J.)
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