(a) A protectable interest includes all of the following:
(1) Trade secrets, as defined in Section 8-27-2.
(2) Confidential information, including, but not limited to, pricing information and methodology; compensation; customer lists; customer data and information; mailing lists; prospective customer information; financial and investment information; management and marketing plans; business strategy, technique, and methodology; business models and data; processes and procedures; and company provided files, software, code, reports, documents, manuals, and forms used in the business that may not otherwise qualify as a trade secret but which are treated as confidential to the business entity, in whatever medium provided or preserved, such as in writing or stored electronically.
(3) Commercial relationships or contacts with specific prospective or existing customers, patients, vendors, or clients.
(4) Customer, patient, vendor, or client good will associated with any of the following:
a. An ongoing business, franchise, commercial, or professional practice, or trade dress.
b. A specific marketing or trade area.
(5) Specialized and unique training involving substantial business expenditure specifically directed to a particular agent, servant, or employee; provided that such training is specifically set forth in writing as the consideration for the restraint.
(b) Job skills in and of themselves, without more, are not protectable interests.
Last modified: May 3, 2021