Trade Secrets

An essential part of your business success: your trade secrets. What you know. How you do things. Who your customers are. Your proprietary information.

A trade secret is proprietary information you do not want to fall into public domain or your competitor’s hands. Federal law gives a broad definition of things that can be protected as trade secrets: “all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing.” This definition includes recipes, formulas, methods, techniques, processes, customer lists, computer code, etc. South Carolina law also protects trade secrets.

However, the owner must take reasonable measures to keep such information secret. Trade secrets attorney BC Killough has experience in counseling clients to ensure that your keys to success stay in-house, working with you to proactively craft protective contracts with your employees, vendors and others in matters related to:

• Nondisclosure/Confidentiality agreements
• Secrecy agreements
• Non-compete agreements
• Restrictive covenants
• Employment policies and procedures (including protection of confidential information)

Trade secrets are a part of intellectual property and differ from patents, trademarks, and copyrights. Our attorneys are also prepared to prosecute in court, as well as defend, matters involving:

• Trade Secrets
• Unfair competition
• Trade Practices
• Advertising injury
• Breach of fiduciary duty