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 reading “Misappropriation of Trade Secrets: The “Reasonable Royalty” Measure of Damages”
Tag Archives: South Carolina Litigation
“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 reading ““Without More:” Demystifying the South Carolina Unfair Trade Practices Act”
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 reading “Do South Carolina courts “favor” arbitration?”
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 reading “Assignment and Enforcement: Developments in South Carolina Arbitration Law”