Texas courts have issued several interesting opinions in 2017 regarding Texas non-compete law, explaining and defining when the Texas Covenants not to Compete Act applies and clarifying procedural mechanisms and remedies in non-compete disputes.
Category: Confidentiality Agreements in Texas
The Fifth Circuit Rules that Federal Law Preempts Unfair Competition Claim Under Texas Law
The Fifth Circuit recently considered whether the federal copyright and patent laws preempt (trump) Texas common law claim of unfair competition by misappropriation.
When Stopping Competition with A Temporary Injunction, It Pays To Be Precise
A lot of times a company rushes to court asking the judge to stop a former employee or his new employer from using the company’s confidential information or soliciting its customers based on the agreements that the former employee had signed with the company.
Employees’ Unauthorized Copying of Electronic Files is Not Theft in Texas
Before pleading a Texas Theft Liability Act claim against an employee for stealing the company’s data, information, documents, or other property, the company should make sure that there is at least some evidence of the employee’s intent to deprive the company of its property.
Renewing Non-Disclosure Agreements with Employees? Consider this . . .
In my practice, I see this scenario all the time: an employee leaves to work for a competitor, the employer realizes that its non-disclosure (NDA)
Proving Lost Profits in a Trade Secrets Case – An Expensive Lesson from a Texas Court of Appeals
Before filing a trade secrets case or in the early stages of such case, a company bringing a lawsuit should always consider the following questions: (1) what damages did we suffer? (2) how do we calculate such damages? (3) how do we prove the damages in court?