sign in sign up
<<
Home , Death Star (business), Orson Krennic, Rebel Alliance, Rogue One

young

SOUTH CAROLINA lawyer younglawyer ySOUTHou CAROLINAnglawyer APRIL 2019 VOL. 11, ISSUE 3 A REPORT TO MEMBERS OF Does the ’s Suspicious THE SOUTH CAROLINA BAR Procurement of the Plans YOUNG LAWYERS DIVISION YRenderou Itn Liableg Under La Southw Carolina’syer Trade Secrets Act? By Jeremy R. Summerlin

As a young lawyer, you’ve probably always asked yourself, “Why doesn’t the Galac- tic Employer just sue the Rebel Alliance, LLC for misappropriation of trade secrets (i.e., the plans to the Death Star) instead of trying to blow the Alliance to bits with the Death Star?” That’s a compelling and entirely necessary and relevant question, and I’ll do my best to answer it. [Full dis- closure: I represented the estates of several Alderaanian individuals killed during the YOEmpire’s Uinitial operationalN Gtest of the firstL AWYER Death Star.] The entirely reasonable question of jurisdiction probably jumps to your mind immediately, just like it did to mine: Where does the Galactic Employer bring its law- suit? For purposes of this wholly education- al article, I will assume that Emperor Palpa- tine’s attorney decides to bring the lawsuit in South Carolina. As you may already know because you high ground, morally speaking, and you typically discuss it on all your first dates, should never challenge someone who has the key personnel of the Rebel Alliance the high ground. were former employees and agents of the As covered by the recent documentary, Galactic Employer, but after some internal : A Story, the Galactic disputes (and, well, the ), these Employer spent significant time, effort, employees left the employ of their Galactic and resources to design and construct the Employer and started their own competing Death Star. Despite being a little too proud business to provide alternative government about this technological terror that it had services. The Alliance even attempted to constructed, there’s no doubt that the Ga- South Carolina Young Lawyer is published do business in the same territory as the lactic Employer considers the Death Star quarterly by the Young Lawyers Division of the South Carolina Bar, 950 Taylor St., Galactic Employer, thereby giving up the (continued on Back Cover) P.O. Box 608, Columbia, SC 29202-0608. www.scbar.org. Copyright © 2018 South ALSO IN THIS ISSUE Carolina Bar. The opinions expressed are those of the authors and do not represent the opinions or policies of the Young Letter From the President...... 2 What’s Been Happening ...... 3 Lawyers Division or the South Carolina Bar. Unauthorized reproduction or use of the Stars of the Quarter...... 2 materials contained herein is prohibited.

WWW.SCBAR.ORG/YLD 1 Letter from the President Lawyers Helping Lawyers—a free and us of all the reasons we are awe- confidential resource for lawyers suf- some. Find this friend, be this friend. fering depression or substance abuse 3. Keep a “Book of Wins.” When I first (Free Helpline: 866-545-9590). As an SC went into private practice, I was Bar member you also may access up to nervous that little ole’ government five free hours of intervention counsel- lawyer me wouldn’t make the cut ing if you are experiencing emotional as a “fancy big law firm lawyer who or stress-related issues. Call CorpCare charges by the hour.” To help remind at (855) 321-4384 to be referred to a me that I was capable and a good counselor in your area. lawyer, I started keeping a small But, how do we combat the build- notebook at my desk to record every up of daily stressors that don’t neces- “win” I experienced professionally. sarily warrant an intervention or ne- I write down positive feedback from Dear Young Lawyers: cessitate a treatment program? Might clients, motions won, and civic and Can you believe we are already I suggest—mindfulness. Mindfulness professional awards I’ve won. When three months into 2019? Where has the is defined as an awareness of life in I have moments of self-doubt about time gone? I suspect, that like mine, the present moment. As lawyers, our my work (as we all do), I flip through each of your law practices started the minds are often cluttered with both our this notebook to remind myself of all year with a very busy bang! Not only clients’ worries (They pay us to worry the times I got it right. have our YLD leaders been busy at for them!) and the worries of day-to- 4. Take some time off. Contrary to our work, but they have also been busy day life. This clutter can inhibit our beliefs, most of us are not truly indis- planning events and programs for brain and increase stress and anxiety. pensable to our workplaces (sorry, young lawyers around the state to en- Mindfulness gives us the tools to pause, not sorry). The world will continue joy. I hope that you have been taking reflect and reframe our cluttered to spin if we unplug for a few days advantage of all the great programming thoughts in a way that produces clarity to relax, recharge and refresh. Trust and service projects these leaders are and positive self-awareness. me. I somehow managed a two-week hosting! I have been practicing law for al- vacation a few years ago. Despite In this quarter’s Young Lawyer, I most eight years and have experienced my angst from half-way around wanted to take a moment to discuss a burnout from working at least twice. the world, nothing burned down topic that has become very prevalent During both of these times, I experi- or exploded while I was away, and in popular culture today—mindfulness. enced a lack of motivation, feelings everything got handled. We all know the often-recited statistics of overwhelm (I just kept re-writing 5. Lastly, remind yourself that you about how alcoholism, substance use my long to-do list), constant feelings are a GREAT human being and that and mental health affect lawyers at a of tiredness (6 p.m. bedtimes), and an there are many people on this earth proportionately higher rate than the inability to focus. Luckily, the second who love and care about you. Our general population. In South Caroli- time around, I was able to connect these work can sometimes take up so na, we are lucky to have services like negative feelings to burnout and not to much of our time (most of us spend me making the wrong career choice! more time working than we do sleep- I’ve found that incorporating a few small ing), that we forget that our work is mindfulness techniques into my work- WHAT we do and not WHO we are. day keeps me from getting to the point This gentle reminder has helped me Stars of the of burnout. Here are a few of them: on those days when I make what 1. Write down what you are grateful feels like a career-ending mistake at Quarter for. As corny as it sounds, writing work (fake news) or I feel like I have down just a couple of things you disappointed a client or co-worker. Kelly LaPlante are grateful for on a daily basis or I hope that you will incorporate during moment of overwhelm can one or two of these tips into you work- Annie E. Andrews be a huge perspective shifter. When day. They have helped me and my law Ti’a L. Smith I write something as small as “I am practice tremendously. Remember: an Samantha E. Albrecht grateful for a yummy lunch at Greek unfrazzled, mindful lawyer is a great Boys,” I am reminded that there are lawyer. Patrick J. Cleary people around the world and in my Lindsay A. Sutcliffe own community that don’t have ac- Onward, cess to food or clean water—life’s not Sara “Leslie” McIntosh so bad, huh? Deidra D. Byrd 2. Find a “pep talk” friend. Every now Zachary E. Fryer and then, we all just need a friend to Ashleigh R. Wilson listen to us whine and kindly remind YLD President

2 WWW.SCBAR.ORG/YLD What’s Been Happening Scenes from the Cinderella Project

Protecting Our Youth events were held at Gaffney High school, Chester Middle School, Summit Parkway Middle School, Deer Park Middle School and Lau- rens Preparatory Academy. Special thanks to POY committee co-chair Sutania Fuller, and committee members Toria Smith, La’Jessica Stringfellow, Samantha Albrecht, and Tia Hazel for putting together awesome presentations! Special guests at the POY events included Assistant Solicitor Chris Bain, Assistant Public Defender Matthew Craft, Lts. Blair Dennis and Jerry Smith, Solicitor Randy Newman, Public Defender Michael Lifsey, Chester County Department of Ju- venile Justice Director Rick Wessinger, Assistant Public Defender Sarah Smith, Joe Leventis, Department of Juvenile Justice representative Andrea Foster, Sgt. McCary, and Judge Donald Hocker.

The Families Forever Committee held preparing their taxes and each client several events recently including: saved approximately $175. Charleston Adoption Day, Foster Care Birthday Present Drive, Greenville The 14th Circuit held a new members’ Families Forever Fair, and a Teddy reception on January 10. Approxi- Bear Drive. mately 12 YLD members attended. Representatives from the Solicitor’s Office and the Lowcountry Legal Vol- unteers non-profit briefly addressed the new members.

The VITA Committee held a Super Saturday Tax preparation event at the Cooperative Ministry in Columbia. Several USC law students volunteered to assist with client intake. During the Greenville County held a new admit- event, 13 clients were assisted with tees’ reception November 28, 2018.

SOUTH CAROLINA YOUNG LAWYER 3 NONPROFIT U.S. Postage Young Lawyers Division PAID 950 Taylor St. | PO Box 608 Columbia, SC Permit No. 599 Columbia, SC 29202

SC Secret Trades Act those trade secrets, then, especially by the option of bringing a claim under (continued from Front Cover) a competitor, would be actionable un- the Federal Defend Trade Secrets Act der this Act, assuming you could find a of 2016, which permits the Galactic a key feature of its future business ex- firm comfortable enough with the Dark Employer to bring the claim in federal pansion plans, as well as a focal point Side to represent Emperor in court instead of state court. The federal of its strategy for defeating its competi- a lawsuit. law provides the additional advantage tors in the free and open hyperspace. Enter the Rebels, an upstart start- of allowing law enforcement officials to It seems clear that the Galactic up based out of the System. seize property—without advance notice Employer’s Death Star plans are trade The Rebels, known for trading primar- to the accused—to prevent dissemina- secrets as defined by the South Caroli- ily in lost causes and 70s-era-specific tion of the trade secrets at issue. In oth- na Trade Secrets Act, for the following mullets, engaged in the deliberate mis- er words, the Emperor can use Force to reasons: (1) the designs and plans have appropriation of the Galactic Employ- enact his will. You’re welcome. been kept secret and are not readily er’s Death Star trade secrets by sending In conclusion, it appears that the known; (2) they derive independent a covert group to infiltrate and steal Galactic Employer can seek a legal economic value because they are not those plans for the ’s own use. remedy against the Rebel Alliance for readily known to the public; and (3) The Galactic Employer, through HR misappropriation of trade secrets. How- the Galactic Employer has taken rea- Director , made diligent ever, issues in serving the complaint on sonable steps to maintain the secrecy efforts to track down and prevent those a constantly moving guerilla army, the of these plans, including requiring all plans from being wrongfully used by cost of credits it would take to see the employees, contractors, and its competitor. Ultimately, however, it lawsuit through to the end, and some slaves to sign non-disclosure agree- suffered damages at the hands of the slight issues with jury appeal make the ments (NDAs) before they were per- Rebellion, thereby meeting all neces- prospect of this lawsuit tempting only mitted to begin work on the Death Star sary elements of the misappropriate of to the darkest of lords. (and murdered immediately thereafter trade secrets claim. The Rebels would to preserve secrecy). See S.C. Code § have few options for counterclaims, Jeremy Summerlin is an employment 39-8-1 et seq.; see also Wookieepedia, rendering them Rebels without a cause attorney with Horton Law Firm, P.A. in available at http://starwars.wikia.com/ of action. Greenville. wiki/Main_Page. Misappropriation of The Galactic Employer also has

WWW.SCBAR.ORG/YLD