The FTC’s Proposed Final Noncompete Rule: What It Means for South Carolina
*This blog will be updated with new information as it becomes available* The Federal Trade Commission (FTC) released its final proposed rule on noncompetes on Tuesday, April 23, 2024. If...
What Makes an Arbitration Agreement Unenforceable?
Is it easy to get out of arbitration in South Carolina? That’s the question we’ll look at today. Arbitration agreements and clauses are ubiquitous these days, from employment contracts to...
What is a Right of First Refusal and When Is It Enforceable?
The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party...
What is “Unconsionability” in the Law?
What is “unconscionability” in the law, and how is it viewed by the high courts in South Carolina? In this blog we’ll look at the definition of unconscionability, its elements,...
Can You Be Bound by an Arbitration Clause You Didn’t Agree to?
In June 2016, 90-year-old Bonnie Walker moved into the Brookdale Senior Living Center, a residential care facility in Charleston, SC. Six weeks later, she wandered out of the center one...
Get It in Writing – It’s the Law
Please be advised that the Court assumed for purposes of the Motion for Summary Judgment that all the facts the Plaintiff (Kagan) alleged were true in the light most favorable...
What Happens If You Sell the Same Land to Two Separate Parties? Specific Performance as a Remedy
When seeking justice through the courts, a person or party who has been wronged may receive compensation to help right that wrong. That compensation may be a “legal remedy,” which...
Can You Be Held Personally Liable for Your LLC’s Debts?
Entrepreneurs who create a limited liability company (LLC) are protected from putting their personal assets at risk for business debts. Right? After all, that’s the main purpose of the LLC....
How to Word an Enforceable Provision: Invention Assignment Agreements and Confidentiality Agreements
Some of the most valuable assets a company can own are its trade secrets, patents, and inventions. Losing control of these assets can be very costly, so protection is a...
