Eric Ostroff. Managing Partner and Chair, Trade Secrets and IP Group.
Trade Secrets & IP, Commercial Litigation,
Employment, Trial Practice
. Overview. About Eric Ostroff
Eric Ostroff, Meland Budwick, P.A.’s Managing Partner, focuses his practice on business litigation and intellectual property litigation. Chambers USA describes him as having “a razor-sharp mind and gets to the heart of the issue without wasting time.” He is also described as an “outstanding attorney” who “wins praise for his extensive experience in commercial disputes, with a notable expertise in trade secrets cases.” Eric is the only attorney included in Chambers USA’s rankings of Florida commercial litigators and intellectual property lawyers.
Businesses and individuals trust Eric to protect their interests in courts and arbitrations throughout Florida and across the country, often in bet-the-company cases. He regularly litigates a broad range of business disputes, including cases involving breaches of contract, business torts, officer/director fiduciary duties, business defamation, civil conspiracy, unfair competition, false advertising, real estate, and deceptive and unfair trade practices. He also represents plaintiffs and defendants in trademark and copyright infringement actions. Eric is an experienced trial lawyer who has tried many cases to verdict, before judges, juries, and arbitration panels.
Eric is nationally recognized for his expertise in trade-secrets and noncompete cases. He helps businesses protect their trade secrets and proprietary information, both before and during litigation. He works with businesses to identify their trade secrets and ensure that they are taking all steps necessary to protect this critical information. And he has extensive experience prosecuting and defending trade-secret and noncompete actions nationwide. For example, he obtained a jury verdict against a client’s former sales director, who secretly created a competing company using the client’s proprietary information. Eric serves on the Steering Committee of The Sedona Conference Working Group on Trade Secrets, a nonpartisan think tank that gathers the preeminent experts in various areas of law to publish consensus commentaries on cutting-edge legal issues.
Eric has frequently been quoted in various media outlets regarding business litigation and trade-secrets issues, including the New York Times, Bloomberg, Reuters, and the Miami Herald. He is also the author of the Protecting Trade Secrets blog, which can be found at www.protectingtradesecrets.com. And he is frequently invited to speak throughout the country about trade secrets and intellectual property, as well as about using advanced technology in litigation.
Before joining Meland Budwick, P.A., Eric worked for five years at Weil, Gotshal & Manges LLP, where he was part of the Employment Litigation and Complex Commercial Litigation practice groups.
University of Miami School of Law, J.D., summa cum laude, 2004
University of Miami Law Review
Order of the Coif
Emory University, B.A., Political Science, 2001
The Sedona Conference Working Group on Trade Secrets, Steering Committee Member, Drafting Team Co-Chair, and Dialogue Leader
American Intellectual Property Law Association, Trade Secrets Committee and Trademark Litigation Committee
Section of Litigation, American Bar Association
Trial Lawyers Section, The Florida Bar
Member, Dade County Bar Association
Daily Business Review Florida Legal Awards, Distinguished Leaders, 2022
Ranked, Chambers USA Guide, General Commercial Litigation 2017-2022
Ranked, Chambers USA Guide, Intellectual Property, 2021-2022
AV-rated, preeminent in his field, by Martindale-Hubbell
Legal Services of Greater Miami, 2019 Pro Bono Honoree
Lawyers for Children America’s John Edward Smith Child Advocacy Award, 2006
Weil Gotshal & Manges LLP’s Pro Bono Service Award, 2005, 2006, 2007
The Sedona Conference, Protecting Trade Secrets in Litigation About Them, March 2022
“Protecting Trade Secrets” blog protectingtradesecrets.com
“Enforcing Noncompete and Nonsolicitation Agreements in Florida,” Daily Business Review, December 22, 2010
“5 Ways to Shrink the Threat of an Employee’s Exit to Proprietary Info,” Entrepreneur, April 29, 2014
“Seeking Trade Secret Protection? Don’t Rely on a Label.,”Entrepreneur, May 12, 2014
“Avoid These 6 Mistakes When Safeguarding Proprietary Information,” Entrepreneur, June 20, 2014
“The ‘George Costanza Defense’ to Stealing Trade Secrets, Entrepreneur,” October 21, 2014
“Lessons for Employers from Obama’s Push Back Against Noncompetes,” Daily Business Review, December 9, 2016
State of Florida
Southern District of Florida
Middle District of Florida
Northern District of Florida
United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Federal Circuit
. Office Number. 305.358.6363. Fax number. 305.358.1221 . Email. firstname.lastname@example.org Representative Matters. Trade Secrets & IP, Commercial Litigation. Represented Glenn Beck, Mercury Radio Arts, Inc., and TheBlaze, Inc. in multiple litigations in Texas and Delaware against the companies’ former CEO for violating a restrictive covenant and breaching his fiduciary duty.. Trade Secrets & IP, Commercial Litigation. Represented a national staffing company in a JAMS arbitration asserting claims against the company’s former president for, among others, misappropriation of trade secrets and breaching a non-compete agreement. Following a week-long trial, obtained judgment in our client’s favor on all counts.. Trade Secrets & IP, Commercial Litigation. Represented Crown Linen, LLC in a trade secrets, FDUTPA, and tortious interference claim against its former sales director, who started a competing company. Obtained a jury verdict in Crown Linen's favor.. Trade Secrets & IP. Represented a professional sports league in a trademark infringement, false advertising, and unfair competition action in the Southern District of New York, brought by a competing sports league. . Trade Secrets & IP. Represented large insurance company in litigation against former employees for stealing trade secrets. Obtained an emergency injunction.. Trade Secrets & IP. Represented national private jet charter company in trade-secrets action brought by a national fractional-share jet company in the Southern District of Ohio.. Trade Secrets & IP. Represented leading provider of secondary-market sports and event ticket services in trade-secrets action against the company’s former CTO.. Trade Secrets & IP. Represented large real estate brokerage in trade-secrets litigation brought by national brokerage in the Southern District of New York.. Trade Secrets & IP. Represented UK-based manufacturer of proprietary construction materials in trade-secrets action against a former business partner.. Trade Secrets & IP. Represented former CEO of a multibillion-dollar insurance company in restrictive covenant litigation with his former employer.. Trade Secrets & IP, Commercial Litigation. Represented Nationwide healthcare provider in multiple litigations to protect trade secrets and proprietary information.. Trade Secrets & IP. Represented medical supplies company in litigation and arbitration asserting misappropriation-of-trade-secrets claims against a former business partner.. Trade Secrets & IP. Represented electronics company in action brought by a competitor asserting misappropriation of trade secrets.. Trade Secrets & IP. Represented large real estate brokerage in litigation against former salespeople for violating restrictive covenant.. Trade Secrets & IP. Represented an international security company in non-compete dispute with a competitor.. Trade Secrets & IP. Defended healthcare company against claims of trademark infringement. . Commercial Litigation. Represented 40% owners of international wine company in litigation against management asserting breach of fiduciary duty and appointment of a receiver.. Commercial Litigation. Represented private equity company in multi-state litigation with another private equity company asserting breach of fiduciary duty and other claims.. Commercial Litigation. Represented investors in national cannabis company in action against management asserting breaches of fiduciary duty.. Commercial Litigation. Represented investor defrauded out of $10MM investment in litigation against the investment sponsor/manager.. Commercial Litigation. Represented purchaser of a for-profit college in litigation against the seller for beaching the purchase and sale agreement. Obtained summary judgment.. Commercial Litigation. Represented a developer in a class action brought by unit owners in a downtown Miami high-rise condominium. . Commercial Litigation. Represented minority shareholder of a franchisor in litigation against the majority shareholders for breach of fiduciary duty.. Commercial Litigation. Represented note purchaser in commercial foreclosure action, obtaining foreclosure judgment. Later secured a $5 million judgment against the guarantors following trial in Miami-Dade Complex Business Court. . Commerical Litigation. Represented art purchaser in litigation against Art Basel art dealer asserting fraud claims.. Commercial Litigation. Represented Isle of Dreams, the owner of real property in Miami, Florida, in contentious state court foreclosure proceedings against Sunbeam Realty and Sunbeam Television (owned by Edmund Ansin) which include significant counterclaims.. Commercial Litigation. Represented the owner of commercial property on International Drive in Orlando, Florida in a commercial foreclosure action. Obtained a favorable workout that allowed our client to keep the property.. Commercial Litigation. Represented the owner of a retail shopping center in Pinecrest, Florida in a commercial foreclosure action. Negotiated a highly favorable settlement that allowed our client to keep the property.. Commercial Litigation. Represented Crown Linen, LLC in litigation with Miami-Dade County over water and sewer services.. Commercial Litigation. Representation the owner of commercial property in downtown Key West in multiple foreclosure actions and obtained a favorable workout that enabled the client to keep its properties.. Commercial Litigation. Represented 50% property owner in arbitration against co-owner for breaching operating agreement.. Commercial Litigation. Represented law firm in breach-of-contract dispute with former attorneys.. Commercial Litigation. Represented property owner in multimillion-dollar dispute with insurance company over damage to the property. . Commercial Litigation. Successfully defended various businesses against claims under the Fair Labor Standards Act and Americans With Disabilities Act.. Commercial Litigation. Retained by large litigation funding company to perform due diligence on potential funding cases.. Bankruptcy and Restructuring. Represented Lexi Development Company, Inc., the owner of the Lexi condominium mixed use development, in its Chapter 11 bankruptcy, in which the Debtor successfully eliminated default interest, avoiding foreclosure and preserving equity for the benefit of the Debtor’s principals.. News. IRA Financial Sues Gemini for $36 Million Crypto Hack. June 23, 2022. IRA Financial Sues Gemini Over $37M Crypto Heist. June 7, 2022. Crypto retirement provider IRA Financial sues Gemini over $37 million heist that led to customers’ accounts getting drained. June 7, 2022. Gemini Security Failures to Blame for Crypto Hack, IRA Suit Says. June 6, 2022. Distinguished Leaders: 'Brush Aside' What You Cannot Control, Says Law Firm Leader Eric Ostroff. May 27, 2022. MELAND BUDWICK’S ERIC OSTROFF APPOINTED TO STEERING COMMITTEE FOR THE SEDONA CONFERENCE WORKING GROUP ON TRADE SECRETS. April 8, 2022. Meland Budwick Partners Featured Among the Daily Business Review’s 2022 Florida Legal Awardees. March 28, 2022. Biden noncompete agreement order a warning for businesses. July 9, 2021. New Fla. Trade Secrets Law Seen As Too Easy To Abuse. June 11, 2021. Miami Lawsuit Targeting ‘Double Agent’ Employee is Cautionary Tale. May 20, 2021. Companies Moving to Fla.: Take Advantage of Employer-Friendly Info Protections. March 9, 2021. 2021 to Bring New, Unprecedented Challenges to Protecting and Defending Trade Secrets. January 15, 2021. Bittersweet: Second Meland Budwick Partner Departs Firm This Year to Rise to the Bench. August 17, 2020. The Biggest Hurdles For Attys Starting Jobs During COVID-19. August 7, 2020. 2020 Chambers USA Guide Ranks Five Meland Budwick, P.A. Attorneys, and Commercial Litigation, Bankruptcy Litigation, Bankruptcy/Restructuring Practices. May 7, 2020. $3M Miami Suit Against 'Cannabis King' Will Test Commercial Rights in Flailing Economy. April 10, 2020. Investor Says 'Cannabis King' Ran Off With Millions. April 10, 2020. Burner Phones, Sexy Strangers: How IP Thieves Are Targeting Lawyers. April 2, 2020. How South Florida Law Firms Are Getting Bigger Returns With Less Risk. March 20, 2020. 10 Steps to Help Protect Customer Data. December 3, 2019. Meland Budwick, P.A. Partner Eric Ostroff Invited to speak at this year's Sedona Conference on Trade Secrets. November 18, 2019. Copyright Infringement: Are You Stealing Intellectual Property?. September 16, 2019. Digital Transformation: Beware the Legal Details. August 12, 2019. 11 Cybersecurity Experts Share Tips for Preventing and Minimizing Data Breaches. August 9, 2019. 2019 Chambers USA Guide Ranks Meland Budwick, P.A. And It's Attorneys In Bankruptcy/Restructuring and Commercial Litigation. May 2, 2019. 8 Florida Cases to Watch in 2019. January 9, 2019. Judge lets lawsuit over drone racing trademarks drone on. November 27, 2018. How to Prevent Data Theft While Traveling Abroad: Trade Secrets Lawyer Advises GCs, Companies. October 26, 2018. Eric Ostroff on the Impact of Artificial Intelligence in the Legal Profession. June 22, 2018. 2018 Chambers USA Guide Ranks Meland Budwick, P.A. And Its Attorneys in Bankruptcy/Restructuring And Commercial Litigation. May 29, 2018. Facebook Wants to Play Dating Game—Its Lawyers Could Face IP, Trade Secret Challenges. May 17, 2018. Home Health Care Companies Protected by Noncompete Pacts. September 18, 2017. Defend Trade Secrets Act: Lessons From Year 1. May 11, 2017. Lessons for Employers from Obama’s Push Back Against Noncompetes. December 9, 2016. Glenn Beck Media Outlet Says Texas Suit Trumps Del. Filing. September 13, 2016. Glenn Beck’s News Outlet Says Ex-CEO Can’t Get Indemnity. August 24, 2016. Trade Secrets Bill Clears House, Obama to Sign Into Law. April 27, 2016. MOVERS: Senior-level hires and promotions. February 10, 2016. Meland Budwick, P.A.’s Eric Ostroff Named Administrative Partner. January 15, 2016. 5 Questions In The Cardinals Hacking Scandal. July 20, 2015. Cruise Excursion Insurer Wins Injunction Against Ex-Workers. April 10, 2015. Ariz. Deepens States’ Rift On UTSA Preemption. November 22, 2014. The ‘George Costanza Defense’ to Stealing Trade Secrets. October 31, 2014. Avoid These 6 Mistakes in Safeguarding Proprietary Information. June 26, 2014. 5 Ways to Shrink the Threat of an Employee’s Exit to Proprietary Info. April 30, 2014. Hedge Fund Spars With a Nameless Blogger. March 17, 2014. Labor and Employment in 2013: Looking Back and Forward. December 27, 2013. 6 Key Ingredients For Pop-Up Restaurant Deals. October 28, 2013. Hotels, Celeb Chefs Turn To New Option On Negotiation Table. September 26, 2013. 5 Ways To Craft An Ironclad Celebrity Chef Deal. September 16, 2013. MRB. Contact us, Our attorneys, careers. About. Firm overview, Our Values, Community involvement, Representative matters. Pracrtice. Real Estate, Commercial Litigation, Receiverships and Assignments, Bankruptcy and Restructuring. In the News, Announcements, Film Videos. 2018 Meland, Russin, Budwick. ALL RIGHTS RESERVED.