Skilled Unfair Trade Practices and Trade Secrets Attorney

Many companies and individuals are in fierce competition not only to survive, but also thrive in their industries. With this intense competition to get ahead, companies closely guard their trade secrets. Other companies will do whatever they can to get ahead, employing unfair trade practices. South Carolina attorney Andy Arnold has seen both types of these cases and chooses to fight for underdog.

In some civil lawsuits involving trade secrets, a company is wronged when an employee discloses information that gave the company a competitive edge. However, in most cases involving trade secrets, businesses try to claim a violation of trade secrets and use overly broad non-compete agreements to keep a former employee from moving on to a new job.

In unfair trade practices cases, our attorney wants to represent you if you have suffered damages because of misleading or unfair practices.

What Are Unfair Trade Practices?

South Carolina Code § 39-5-10 and the provisions that follow it are referred to as the South Carolina Unfair Trade Practices Act. This state act is in place to protect both businesses competing with businesses who employ unfair trade and advertising practices and the consumers who may be lead astray by these unfair trade practices. Greenville labor law attorney Andy Arnold has experience with lawsuits involving unfair trade practices.

The South Carolina Unfair Trade Practice Act states, "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by § 39-5-20 may bring an action individually, but not in a representative capacity, to recover actual damages. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of § 39-5-20, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper [emphasis added]. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs."

Common Types of Unfair Trade Practices

Unfair trade practices can take various forms. Some common types of unfair trade practices include:

• Deceptively advertising a live musical performance (aka leading a ticket purchaser to believe that a different person is actually performing)
• Misleading, false, or deceptive advertising by an attorney
• Misrepresenting food as a product of South Carolina when it was grown, caught, raised, or harvested in another location
• Pyramid clubs or similar schemes
• Requiring specific insurance coverage to obtain a loan for a vehicle
• Scalping tickets/reselling event tickets for more than $1 above the original purchase price
• Use of a fictitious business name with the intent of misrepresenting geographical origin or other characteristic of the business

What Is a Trade Secret?

Known as the South Carolina Trade Secrets Act, Chapter 8 of Title 39 of the state's code of laws outlines the SC law as it applies to trade secrets. According to this section of the state's code, a trade secret has two definitions. Trade secrets can be "information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code" that has independent economic value because it is not readily available to the public and that "is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

South Carolina code also defines a trade secret as "a simple fact, item, or procedure, or a series or sequence of items or procedures which, although individually could be perceived as relatively minor or simple, collectively can make a substantial difference in the efficiency of a process or the production of a product, or may be the basis of a marketing or commercial strategy." In this definition, the collection of the items and procedures in question must be reviewed as a whole (since the individual pieces separately may be useless components on their own) to determine if a trade secret exists.

In more basic terms, a trade secret is confidential or proprietary information of a company or individual. If this information is shared outside of the scope of employment with that company, it can bring economic gain to another individual or company at the detriment of the originating company.

Retribution for Disclosure of Trade Secrets

If a court determines that an individual or individuals wrongfully disclosed, misappropriated, or wrongfully used trade secrets, the complainant could be eligible to receive damages, which could include the actual loss acquired or the profit gained by the disclosure of the trade secrets. Further, if the court finds that the defendant willfully, wantonly, or recklessly disregarded the plaintiff's rights, then exemplary damage no more than twice the original award may also be given.

Trade Secrets and Non-Compete Agreements

Many companies will incorporate non-disclosure and non-compete agreements into their contracts with employees to protect their trade secrets. Properly written non-compete agreements, which do not allow an employee to compete in the same field and territory as his or her employer within a certain timeframe, can be enforced, thus protecting trade secrets. However, if a company tries to enforce an overly broad non-compete agreement or if it considers what is common industry knowledge as a trade secret, the employee may be able to beat the non-compete agreement.

Contact A Skilled Greenville Attorney for Your Case Involving Trade Secrets or Unfair Trade Practices

If you are a South Carolina business that has been hurt by the disclosure of vital trade secrets or have become unable to fairly compete because of an unfair trade practice, Greenville attorney Andy Arnold can help. If you are an individual that has been shackled by an unreasonable non-compete agreement or misled by unfair trade practices, the Law Office of W. Andrew Arnold can help too. Contact our South Carolina unfair trade practices attorney today for an initial consultation and review of your case.