South Carolina
Trade Secrets Litigation

Challenging Trade Secret Claims: Federal and State Defense

The Defend Trade Secrets Act (18 U.S.C. § 1836) and South Carolina Trade Secrets Act (S.C. Code Ann. § 39-8-20) both require plaintiffs to prove: (1) information qualifies as a trade secret with independent economic value, and (2) reasonable measures were implemented to maintain secrecy. Most claims fail on one or both elements. Many alleged “secrets” constitute general industry knowledge, were publicly available, or were never adequately protected through access controls, confidentiality protocols, or classification systems.

I deconstruct plaintiff claims by exposing inadequate protective measures, establishing that alleged secrets were independently developed or publicly accessible, and demonstrating that your knowledge derives from skill, experience, and industry expertise—not misappropriation. Strategic defense begins with attacking the foundation: if information doesn’t qualify as a trade secret, all derivative claims collapse.

Defeating Emergency Injunctions and Seizure Orders

Trade secret plaintiffs pursue expedited relief—temporary restraining orders, preliminary injunctions, and DTSA seizure orders—designed to disrupt your career or business before any merits determination. These emergency proceedings demand immediate, forceful response. I challenge preliminary relief by demonstrating insufficient evidence of misappropriation, lack of irreparable harm, or availability of adequate monetary remedies.

The DTSA’s civil seizure mechanism—allowing ex parte orders to seize property containing alleged trade secrets—presents extreme risk but contains strict limitations. Courts may only grant seizure in “extraordinary circumstances” where traditional injunctive relief would be inadequate. I aggressively oppose seizure applications and, where orders issue, immediately seek dissolution by proving the extraordinary circumstances threshold was not met.

Defeating preliminary injunctions preserves your ability to work, compete, and maintain business momentum. I establish that alleged secrets are industry knowledge within your expertise, that you implemented clean protocols to avoid contamination, or that the employer’s protective measures were so deficient that no protectable trade secret exists. Early victories at the preliminary relief stage often force favorable settlement or outright dismissal.

Executive Mobility: Protecting Your Career Against Overreaching Claims

High-value executives, sales representatives, engineers and key employees face aggressive litigation when transitioning to competitors. Former employers cast routine industry knowledge as “trade secrets” and characterize legitimate relationship-building as misappropriation. These tactics seek to delay your start date, restrict your role, or extract covenant modifications as settlement. I defend your mobility rights by establishing that your value derives from skill, experience, and professional relationships—not misappropriated data. Where you’ve implemented departure protocols—returning devices, avoiding proprietary systems, documenting independent knowledge—I use that diligence as both shield and sword. I also challenge overreaching restrictive covenants (non-competes, non-solicits) that extend beyond legitimate protectable interests, seeking to narrow or invalidate restraints that prevent you from practicing your profession.

When you hire experienced executives or key employees, former employers often retaliate with trade secret litigation. These claims seek to restrict your new hire’s effectiveness, force role modifications, or extract financial settlements. I defend your business by challenging the adequacy of the former employer’s protective measures, establishing that the employee brings general knowledge and skills rather than proprietary information, and demonstrating your implementation of onboarding protocols designed to prevent contamination. The most common overreach in trade secret litigation is characterizing general industry knowledge, publicly available information, or skills acquired through experience as protectable secrets. Employees have the absolute right to use their general knowledge, expertise, and skills—even when those capabilities were developed or refined at a former employer.

Trade secret litigation turns on digital evidence. I immediately implement preservation protocols, coordinate with forensic specialists to document your electronic footprint, and establish that no proprietary information was accessed, retained, or used. Proactive forensic defense—demonstrating clean devices, no suspicious file transfers, and segregated work product—often defeats claims before substantial litigation costs accrue. But be careful. Do not delete information.

Restrictive Covenant Defense and Integrated Strategy

Trade secret claims often accompany enforcement of non-competition, non-solicitation, and confidentiality agreements. I evaluate whether these covenants are enforceable under South Carolina law—analyzing geographic and temporal scope, protectable interests, and reasonableness. Unenforceable covenants often undermine dependent trade secret claims, particularly where employers seek to use trade secret law to accomplish what invalid non-competes cannot.

I also challenge “inevitable disclosure” theories—the argument that you cannot perform new duties without using former employer secrets. South Carolina courts view inevitable disclosure skeptically, requiring concrete evidence of actual or threatened misappropriation rather than mere speculation. Trade secret defense requires immediate action and sustained pressure. I begin with rapid assessment of claim strength, identification of defensive theories, and positioning for emergency proceedings. Where preliminary relief is threatened, I mobilize for evidentiary hearings to defeat injunctions before business disruption occurs.

Contact: Call 864-242-4800 or use the contact form for immediate consultation. Trade secret defense requires aggressive advocacy and strategic counter-pressure—let’s discuss how to protect your interests and defeat overreaching claims.