The courts around the country seem to agree that the more “passive” the social media activity is, the less likely it is to constitute a prohibited solicitation of customers or employees, and the more “active” the posts are or the more akin they are to oral solicitations, the more likely they are to violate non-solicitation prohibitions. In this post, I take a closer look at the various decisions from across the country and synthesize common themes.
Category: Non-Solicitation Agreements
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.
Brace Yourself, Resignations Are Coming. Is Your Company Ready?
Anyone who has been running a business for a while knows that January is a high turnover month for employees. And while companies cannot prevent
The Rise in Trade Secrets and Restrictive Covenants Litigation – Live Presentation
I will be presenting with Stanley Santire of Santire Law Firm on the The Rise in Trade Secrets and Restrictive Covenants Litigation on January 17th
Three Key Factors in Enforcing Non-Compete Agreements
What distinguishes those companies that are successful in enforcing their non-compete agreements from those that are not? Generally speaking, just three factors: good agreements, evidence of violations, and swift action to enforce.
The Fifth Circuit Rules Industry-Wide Noncompete Agreements Are Not Enforceable
The Fifth Circuit Court of Appeals recently considered whether a travel agency’s noncompete agreement with its employee was enforceable under Texas law. It concluded that because the agreement did not have geographic limits, was not limited to the travel agency’s customers with whom the employee actually worked during her employment, and included entire travel agency industry, the non-compete was unenforceable.