About Eric Ostroff
Eric Ostroff, a partner at Meland Russin & Budwick, focuses his practice on business litigation and trade-secrets/noncompete law and litigation. The 2017 Chambers USA Guide describes him as “a rising star in the market” who is “developing a fine reputation for his work on trade secrets disputes.” According to Chambers, “sources describe him as very professional, diligent, and a true expert.”
Eric helps businesses protect their interests and resolve disputes, often in bet-the-company circumstances. He has experience litigating and arbitrating a broad range of business disputes, including cases involving breaches of contract, business torts, business defamation, civil conspiracy, and deceptive and unfair trade practices. He has also litigated numerous real-estate actions. He is an experienced trial lawyer who has tried a number of cases to verdict, before both judges and juries.
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. He has extensive experience prosecuting and defending trade-secret and noncompete actions, including obtaining emergency injunctive relief. 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 has frequently been quoted in various media outlets regarding business litigation and trade-secrets issues, including the New York Times 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 a regular contributor to Entrepreneur, where he writes about trade-secrets issues facing business owners.
Eric serves as the firm’s administrative partner. He also provides testimony as an expert witness as to the reasonableness of attorney’s fees.
Before joining Meland Russin & Budwick, 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
- Section of Litigation, American Bar Association
- Trial Lawyers Section, The Florida Bar
- Member, Dade County Bar Association
- American Intellectual Property Law Association, Trade Secrets Committee
- Listed, 2017 Chambers USA Guide, General Commercial Litigation, “Up and Coming”
- AV-rated, preeminent in his field, by Martindale-Hubbell
- Florida Super Lawyers, Rising Star – Business Litigation
- Lawyers for Children America’s John Edward Smith Child Advocacy Award, 2006
- Weil Gotshal & Manges LLP’s Pro Bono Service Award, 2005, 2006, 2007
- “Protecting Trade Secrets” blog www.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
||Consulted with various companies across multiple industries to assist them identify and protect proprietary information and trade secrets.
||Representation of 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, Trade Secrets
||Representation of 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.
||Representation of 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.
||Representation of the owner of a retail shopping center in Ft. Myers, Florida in a commercial foreclosure action that resulted in a favorable workout.
||Representation of the owner of a retail shopping center in Pinecrest, Florida in a commercial foreclosure action. We negotiated a highly favorable settlement that allowed our client to keep the property.
||Successfully defended various businessses against claims under the Fair Labor Standards Act.
||Representation ofCrown Linen, LLC in a dispute with Miami-Dade County over water and sewer services.
||Representation of a noteholder in commercial foreclosure actions over multiple properties in Miami-Dade. Obtained foreclosure judgments.
||Representation of a developer in a class action brought by unit owners in a downtown Miami high-rise condominium. Following dismissal of multiple counts, obtained a highly favorable settlement.
||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, Trade Secrets
||Representation of numerous companies in disputes with former employees who breached noncompete and nonsolicitation obligations, including obtaining emergency and permantent injunctive relief.
||Representation of the borrower under a commercial loan in an action against the lender for breaching the loan documents.
|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.
- How to Prevent Data Theft While Traveling Abroad: Trade Secrets Lawyer Advises GCs, Companies October 26, 2018 Miami trade secrets attorney Eric Ostroff spoke with Corporate Counsel about safeguarding proprietary information when employees venture into foreign countries on business and what companies can do after a breach.
- Does Your Company Need A Data Management Strategy? September 7, 2018 Don’t have a plan for all the data your business has? These experts say there are quite a few benefits to implementing a data management strategy.
- Eric Ostroff on the Impact of Artificial Intelligence in the Legal Profession June 22, 2018 Eric Ostroff talks on Legal Talk Network about the impact artificial intelligence will have on the legal profession.
- 2018 Chambers USA Guide Ranks Meland Russin & Budwick And Its Attorneys in Bankruptcy/Restructuring And Commercial Litigation May 29, 2018 The 2018 Chambers USA Guide, a prestigious ranking of the nation’s top firms and attorneys published by Chambers and Partners, recognizes the work of Meland Russin & Budwick and its attorneys in the practice areas of Bankruptcy & Restructuring and Commercial Litigation.
- Facebook Wants to Play Dating Game—Its Lawyers Could Face IP, Trade Secret Challenges May 17, 2018 If legal fights in the online dating industry are any indication, Facebook’s legal department would be smart to strategize about its inroads into this new line of business.
- Home Health Care Companies Protected by Noncompete Pacts September 18, 2017 The referral sources for home health care companies can be protected by noncompete agreements because they qualify as a legitimate business interests under the state law on restrictive covenants in contracts, the Florida Supreme Court ruled.
- Defend Trade Secrets Act: Lessons From Year 1 May 11, 2017 How the time flies: The Defend Trade Secrets Act, the culmination of a yearslong bipartisan effort to create a federal system of trade secrets law, was signed into law by President Barack Obama one year ago Thursday.
- Lessons for Employers from Obama’s Push Back Against Noncompetes December 9, 2016 Too many employers overuse noncompete agreements. For example, highprofile companies have recently received negative press for forcing low-level employees, often with limited or no access to proprietary information, to sign noncompete agreements.
- Glenn Beck Media Outlet Says Texas Suit Trumps Del. Filing September 13, 2016 Glenn Beck’s media outlet TheBlaze.com told the Delaware Chancery Court on Monday that it should halt proceedings in a suit its former CEO brought against the company — seeking an order that it foot the defense bill for a related Texas suit accusing him of mismanaging Beck’s production company — characterizing it as “forum shopping.” ...
- Glenn Beck’s News Outlet Says Ex-CEO Can’t Get Indemnity August 24, 2016 The former CEO of Glenn Beck’s news outlet TheBlaze Inc. on Wednesday asked a Delaware court to order the company to foot the bill for a suit accusing him of mismanaging Beck’s production company, just days after TheBlaze asked a Texas state court to do the opposite.
- Trade Secrets Bill Clears House, Obama to Sign Into Law April 27, 2016 The House’s overwhelming passage of the Defend Trade Secrets Act April 27 promises to start a shift of trade secrets cases to federal courts, attorneys say. The bill, which cleared the House 4102, now moves to President Barack Obama, who has promised to sign it. It passed the Senate April 4.
- MOVERS: Senior-level hires and promotions February 10, 2016 At Meland Russin & Budwick in Miami: Zachary James has been promoted to partner. He concentrates his practice on business litigation and complex commercial matters. James has a bachelor’s from the University of Texas at Austin and a law degree from UM. Eric Ostroff has been named administrative partner. Ostroff, a trial lawyer, focuses his ...
- Meland Russin & Budwick’s Eric Ostroff named Administrative Partner January 15, 2016 Miami law firm Meland Russin & Budwick today announced that Eric Ostroff has been named Administrative Partner of the firm. Ostroff has been with the firm since 2010.
- 5 Questions In The Cardinals Hacking Scandal July 20, 2015 News last month that the St. Louis Cardinals, a venerated baseball franchise with a squeaky clean image, is the target of a federal investigation into the hacking of the Houston Astros’ player database sent shock waves through the sports world and beyond, but with several details yet to emerge, key questions remain.
- Cruise Excursion Insurer Wins Injunction Against Ex-Workers April 10, 2015 Royal Marine Insurance Group, which offers a unique insurance program to third-party cruise excursion operators, won a temporary injunction Thursday against three former employees accused of taking proprietary information and starting up a similar program at competitor THB International Inc.
- Ariz. Deepens States’ Rift On UTSA Preemption November 22, 2014 The Uniform Trade Secrets Act is more than three decades old, but a ruling in Arizona this week highlights the fact that the various states that have adopted it are still split over a sticky question: whether the act preempts all other claims of information theft.
- The ‘George Costanza Defense’ to Stealing Trade Secrets October 31, 2014 The unfortunate reality is that your employees present one of the greatest threats to your company’s proprietary information and trade secrets. Just by working at your company, they have gained skills and knowledge about your industry.
- Avoid These 6 Mistakes in Safeguarding Proprietary Information June 26, 2014 As an attorney who litigates trade secrets and noncompete cases, I see firsthand the many mistakes companies make when trying (or forgetting) to protect their proprietary information. Litigation can be a very expensive lesson, even when the result is favorable. So it’s much cheaper and safer to avoid making mistakes in the first place.
- Seeking Trade Secret Protection? Don’t Just Rely on a Label. May 14, 2014 Creativity is a powerful asset in business, and there is no reason to disregard this way of thinking when trying to protect your company’s proprietary information.
- 5 Ways to Shrink the Threat of an Employee’s Exit to Proprietary Info April 30, 2014 Employee departures present one of the greatest threats to a company’s proprietary information.
Certainly, employees need access to such information to do their jobs. But when they leave a company, they might use it against the firm, particularly if they continue working in the same industry. Employers too often ignore this risk to their critical information.
- Hedge Fund Spars With a Nameless Blogger March 17, 2014 Who was the leaker? That is what David Einhorn, the outspoken hedge fund manager, wanted to know after one of his firm’s investments was disclosed by an anonymous blogger last year.
- Labor and Employment in 2013: Looking Back and Forward December 27, 2013 In-house attorneys had a lot to think about in 2013, from the legal pitfalls of cloud computing and the growing popularity of outsourcing legal processes to the difficulties faced by law firm partners. On the labor and employment front, there’s been plenty going on as well.
- 6 Key Ingredients For Pop-Up Restaurant Deals October 28, 2013 With restaurateurs turning to pop-up restaurant models as a way to boost a brand’s image and test a new concept without going all in financially, attorneys say clients should be well-advised to avoid issues presented by zoning, employment and liability hurdles before diving in.
- Hotels, Celeb Chefs Turn To New Option On Negotiation Table September 26, 2013 With top resorts increasingly jumping into the celebrity-chef craze, hotels and chefs alike are moving away from traditional deals and instead opting for a new model aimed at allowing chefs to develop the menu while hotels focus on the oversight.
- 5 Ways To Craft An Ironclad Celebrity Chef Deal September 16, 2013 Celebrity chefs are hot commodities, with hotels and restaurants clamoring to put internationally loved personalities in their kitchens to lure foodie crowds. But in the run-up to signing a top cook, its important to spell out noncompete, intellectual property and other provisions carefully to protect the venture’s owner, attorneys told Law360.