Insights on developments in South Carolina statutory and case law

  • Misappropriation of Trade Secrets: The “Reasonable Royalty” Measure of Damages

    Trade secrets are the lifeblood of successful businesses. Under South Carolina law, a trade secret can be information including, but not limited to, a formula, method, or product, that   (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the publicContinue… Read more

  • “Without More:” Demystifying the South Carolina Unfair Trade Practices Act

    The South Carolina Unfair Trade Practices Act (“SCUTPA”), S.C. Code Ann. § 39-5-10 et seq., exists for a simple purpose: to make unlawful “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” A plaintiff bringing a claim under SCUTPA must show: “(1) the defendant engagedContinue… Read more

  • “Unconscionable” Agreements

    An arbitration agreement can be a powerful tool for a business seeking to minimize the expense and disruption generated by litigation. To maximize the potential benefits, your business may want to incorporate an arbitration agreement into the documents you present to a customer prior to closing a deal, perhaps conditioning the closing of deals onContinue… Read more

  • Do South Carolina courts “favor” arbitration?

    In memoranda in support of motions to compel arbitration, defense attorneys frequently attempt to buoy their arguments by arguing that “public policy favors arbitration.” While the language they employ was used in past decisions by our Court of Appeals and Supreme Court, the South Carolina Supreme Court has recently taken pains to dispel the mythContinue… Read more

  • Assignment and Enforcement: Developments in South Carolina Arbitration Law

    Citing the Prima Paint doctrine, the South Carolina Supreme Court held in Sanders v. Savannah Highway Automotive Company that an arbitrator must determine the enforceability of an assigned arbitration clause if the validity of the container contract has not been challenged. When a contract containing an arbitration clause is assigned, who is responsible for determiningContinue… Read more

  • Arbitration after Hicks Unlimited, Inc.

    In a recent decision, the South Carolina Supreme Court held that mere agreement by parties to arbitrate under the Federal Arbitration Act is, without more, insufficient to preempt South Carolina’s Arbitration Act. In Hicks Unlimited, Inc. v. Unifirst Corp., A Mass. Corp., 439 S.C. 623, 889 S.E.2d 564 (2023), the South Carolina Supreme Court emphaticallyContinue… Read more

This website is for information purposes only. The information should not be construed to constitute formal legal advice or the formation of an attorney/client relationship. A result achieved on behalf of one client does not necessarily indicate similar results can be obtained for other clients. For information, contact Greg Studemeyer at (803) 393-4399.