Umansky theumanskylawfirm Umansky theumanskylawfirm
Free Case Review 407.228.3838 Free Case Review 407.228.3838
  • email button
  • location button
Main Menu

Orlando Criminal Defense Law Blog

Understanding more about the theft of trade secrets under federal law

Last time, our blog discussed how those employees who misappropriate business information that could properly be classified as "trade secrets" will likely find themselves facing a civil lawsuit, as well as criminal charges under state law.

It's important for employees to understand, however, that the fallout from allegations of trade theft is not necessarily confined to the state level, as they could conceivably find themselves facing federal criminal charges.   

Understanding more about the theft of trade secrets under state law

From scientific data, marketing information and customer lists to business codes, technical blueprints and recipes, there is a host of business information that could properly be classified as "trade secrets." Indeed, it's safe to say that businesses assign a great value to this information, so much so that many have their employers execute non-disclosure agreements in order to ensure that this information remains strictly confidential.

What happens, however, when an employee or another individual takes this confidential without securing permission from the employer, meaning they misappropriate trade secrets?

Are Florida's DUI laws set to become even tougher?

According to Mothers Against Drunk Driving, the number of arrests for driving under the influence here in Florida have declined dramatically in recent years. Indeed, the group determined that the number of DUI arrests in the Sunshine State has plummeted from a record high of 60,574 reached back in 2002 to 40,677 in 2014.

While some credit this decline to an increased awareness on the part of motorists about the dangers of impaired driving, others argue that it can be traced to the unwavering efforts of state lawmakers to make the state's already tough DUI laws that much tougher.

Florida man accused of flakka importation avoids conviction

With the manufacture and distribution of synthetic drugs spanning state lines and even continents, law enforcement is often hard-pressed to keep track of the different kinds of drugs being sold. In recent years, however, various synthetic cannabinoids, synthetic cathinones (commonly called bath salts) and products sold as Molly have been made illegal on the state and federal levels.

If you are aware of any of these drugs, then you may also know that Florida officials are particularly concerned about the importation and sale of flakka. Use of this synthetic cathinone, also called Alpha-PVP, has surged in Florida.

What does it mean to be charged with criminal mischief? - II

Last week, our blog began exploring how those accused of engaging in conduct that we would generally classify as vandalism -- keying a vehicle, placing graffiti, egging a house, etc. -- can face charges for criminal mischief.  

To recap, Florida law defines criminal mischief as "willfully and maliciously injur[ing] or damag[ing] by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism."

Florida Death Penalty Found Unconstitutional: What Happens Next?

Execution_chamber,_Florida.jpgThe Supreme Court on Tuesday struck down Florida's death-penalty practice, concluding that Florida's current system, in which the jury's recommendation is combined with the final decision of the judge, violates the Constitution's Sixth Amendment. In an 8-1 determination, the court overturned several previous opinions that had upheld the system. Now, Florida's death penalty scheme is out of synch with the Sixth Amendment and perhaps could be out of commission all together, just as the use of 'Old Sparky' in the death chamber. The 10-page ruling is a triumph for death row convict Timothy Lee Hurst, but a direct challenge to Florida state lawmakers, who will have to rewrite the rules to be able to preserve capital punishment. Current Florida law states, a death sentence requires the finding of at least one aggravating circumstance; for instance, that the killing was particularly heinous, or occurred during the course of some other felony. After considering aggravating and mitigating circumstances the jury makes a nonbinding recommendation of life or death. The final sentencing determination is up to the judge, however "great weight" is to be accorded by the jury's recommendation. As a result of the Supreme Court decision there will now be many on death row with a legitimate reason to appeal their case and multiple others will now raise new appeals based upon this decision. Consequently, the public defenders will soon have a huge volume of cases to appeal and they are already underpaid and understaffed without adequate resources. With over 400 Florida prisoners facing the death penalty, the next hurdle in the race off death row will be whether the courts will apply this retroactively. The high court most recently heard argument on retroactivity in Montgomery v. Louisiana which addressed the Eighth Amendment issue prohibiting sentencing minors to life without parole, but this case has yet to be decided. One thing that is for certain, the aftershock of this ruling will surely be felt in the forthcoming petitions filed on behalf of those currently awaiting their last meal.

Florida Death Penalty Found Unconstitutional: What Now?

The Supreme Court on Tuesday struck down Florida's death-penalty practice, concluding that Florida's current system, in which the jury's recommendation is combined with the final decision of the judge, violates the Constitution's Sixth Amendment. 

In an 8-1 determination, the court overturned several previous opinions that had upheld the system. Now, Florida's death penalty scheme is out of synch with the Sixth Amendment and perhaps could be out of commission all together, just as the use of 'Old Sparky' in the death chamber.  The 10-page ruling is a triumph for death row convict Timothy Lee Hurst, but a direct challenge to Florida state lawmakers, who will have to rewrite the rules to be able to preserve capital punishment. 

Current Florida law states, a death sentence requires the finding of at least one aggravating circumstance; for instance, that the killing was particularly heinous, or occurred during the course of some other felony.  After considering aggravating and mitigating circumstances the jury makes a nonbinding recommendation of life or death. The final sentencing determination is up to the judge, however "great weight" is to be accorded by the jury's recommendation.

As a result of the Supreme Court decision there will now be many on death row with a legitimate reason to appeal their case and multiple others will now raise new appeals based upon this decision. Consequently, the public defenders will soon have a huge volume of cases to appeal and they are already underpaid and understaffed without adequate resources.

With over 400 Florida prisoners facing the death penalty, the next hurdle in the race off death row will be whether the courts will apply this retroactively.  The high court most recently heard argument on retroactivity in Montgomery v. Louisiana which addressed the Eighth Amendment issue prohibiting sentencing minors to life without parole, but this case has yet to be decided. One thing that is for certain, the aftershock of this ruling will surely be felt in the forthcoming petitions filed on behalf of those currently awaiting their last meal.

What does it mean to be charged with criminal mischief?

Anyone whose vehicle has been keyed, home has been egged, fence has been ruined by graffiti or property has been vandalized in some other way knows all too well just how maddening, frustrating and costly the experience can prove to be.

In recognition of this reality and the need for a suitable deterrent, the state has set forth some very serious consequences for those caught engaging in this sort of conduct. In today's post, we'll start exploring these consequences. 

Committed advocacy for those facing hit-and-run charges

When most people learn about a recent hit-and-run accident on the Internet or nightly news, they confidently think to themselves that they could never do anything like that under any circumstances.

While this attitude is certainly laudable, it is perhaps overly simplistic, as it fails to account for the reality that the conditions under which most hit-and-run accidents occur are typically far from black-and-white.

A closer look at Florida law and the use of recording devices - II

Last week, we started discussing how Florida law is structured in such a way as to provide considerable protection to citizens regarding the interception and disclosure of communications made orally, electronically or by wire.

Specifically, we explored how the eavesdropping law dictates that both in-person conversations and electronic communications cannot be recorded without the consent of all parties, and how those persons lacking a reasonable expectation of privacy are not extended these protections.

As Seen On

  • NBC
  • Fox News Channel
  • ABC
  • USA Today
  • CNN
  • CBS
  • Bravo
  • Newsweek
    The New York Times
Umansky theumanskylawfirm
Back to top