Category: Confidentiality Agreements in Texas

The Truth Behind the Non-Disclosure Agreements

Non-Disclosure Agreements with employees are useful only if employees understand them and know the consequences of breaching them.

Why the Appointment of Jeff Sessions as the New Attorney General May Lead to More Trade Secrets Litigation

On Friday, President-elect Donald Trump named Alabama Sen. Jeff Sessions as his pick for the next Attorney General. Sessions is a former U.S. attorney and current senator with lengthy experience with the Justice Department. He is also known as a pro-business conservative, who on…

What Should a Company do When it Suspects That an Employee Stole Its Trade Secrets?

Employees take their employers’ trade secrets all the time. It’s a fact of life.  No matter what systems an employer has in place, sooner or later a key employee will depart and take some trade secret information, data, or documents with them. Most employees…

Texas Employment Hiring Checklist

Whether a new business is preparing to hire its first employee or is revisiting its already-existing hiring procedures, making sure that the on-boarding process is done correctly and consistently will result in significant long-term benefits in terms of reducing stress associated with hiring new…

Texas Supreme Court Rules Competitors Can be Excluded from the Courtroom

Until recently, companies suing for trade secret theft ran a risk of having to disclose to their competitors in open court certain aspects of their trade secrets in order to prove their claim. The companies often argued that they shouldn’t have to give up…

Trade Secrets Litigation is About to Change with the Passage of the Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act (DTSA), that has been subject of rigorous debate over the past few years, is just days away from becoming the law of the land.  On April 4, 2016, the Senate passed the DTSA bill with a vote of…

Common Ways Businesses Leak Trade Secrets Without Their Knowledge

If you have a business, you have trade secrets. It is really that simple. In Texas, any information can be a trade secret as long as (1) it has economic value because it is not generally known and (2) the owner of the information…

You Got a Non-Compete Injunction, But Can You Make it Stick in Texas?

Last month, the Dallas Court of Appeals ruled on two temporary injunction orders – one was affirmed (i.e. it continued to be enforce) and the other one was dissolved (i.e. it was declared void). What was the key difference? The first injunction, in HMS Holdings…

A Former VP of Operations Ordered to Pay $1.9 Million for Taking Company’s Trade Secrets in Violation of a Separation Agreement

According to some studies, more than 60% of employees copy their employers’ documents or files before leaving their employment. They are even more likely to do so if they had been laid off, fired, or passed over for promotion. With senior executives who have access to top level…

Is Donald Trump Crossing the Line with Non-Competes for Volunteers?

Donald Trump has been criticized for everything under the sun – from having small hands to being racist. However, the most recent critique surrounds Trump’s campaign volunteer agreements that contain strict non-compete, non-solicitation and non-disparagement clauses. Several media outlets have questioned whether such agreements would be enforceable…