Last week, a federal court in Texas refused to enforce a company’s non-compete agreement against four key employees who started a competing business because the agreement was missing a key term – the end date. The above situation can be avoided through simple practice of: (1) knowing what is in the company non-compete agreements; (2) making sure all the key provisions required by the relevant statutes are included; and (3) periodically updating non-compete agreements so that they are compliant with the relevant state law.
Author: Leiza Dolghih
I advise my clients on how to reduce their exposure to litigation through properly drafted agreements and well-designed business practices, and I also help them litigate and arbitrate any business and employment disputes, when they arise.
Client Non-Solicitation Agreements for Hair Salons, Med Spas, and Others in the Beauty Industry: Writing and Enforcing Them (Part I)
A good non-solicitation and confidentiality agreement, combined with other key provisions, and smart business practices, can deter client poaching and preserve the relationship between the salon and its clients even in the face of its employees’ departure.
Texas Introduces 3 Bills To Curb Application of Anti-Slapp Statute in Non-Compete and Trade Secrets Litigation
The Texas Citizens Participation Act (TCPA), enacted by the legislature in 2011, has been wrecking havoc in business and employment disputes due to the statute’s overbroad language, confusing and conflicting interpretation by the various courts of appeals and federal courts, and defendants’ persistence in invoking the statute’s dismissal process in trade secrets and non-compete lawsuits.
The Fifth Circuit Refuses to Extend Title VII to Sexual Orientation or Transgender Status
In the Fifth Circuit, which includes Texas, Louisiana, and Mississippi, Title VII does not prohibit discrimination based on sexual orientation or transgender status
What Employers Need to Know About Non-Compete Agreements in Texas (Part II)
In Part I, I described requirements for non-compete agreements in Texas. In Part II, I describe the common mistakes that employers make when it comes to non-compete agreements.
What is a “Reasonable” Non-Competition Agreement?
In Texas, “the hallmark of enforcement [of non-compete agreement] is whether or not the covenant is reasonable.”
