Tag: Non-Compete Agreements

Non-Compete Agreements: Garbage In, Garbage Out

A confusing, ambiguous, or imprecise non-compete agreement will yield poor results in court.  In other words: garbage in, garbage out.

How Enforceable is a Non-Compete? and Other Top Google Questions Answered

How enforceable is a non-compete?  Generally speaking, non-compete agreements are enforceable.  Is a non-compete valid if you are fired? Usually, yes.  Do non-compete agreements hold up?  When written correctly, yes. How long does a non-compete agreement last? As a general rule, non-compete agreements that last two years or less are considered reasonable. 

2018 Mid-Year Non-Compete Laws Update

More and more states are amending their non-compete statutes to make them more employee-friendly.  This trend, spurred by the White House report on the effect of non-compete agreements on competition and the revelation that some of the largest  employers, like Jimmy John’s and Amazon, were requiring their sandwich-makers and warehouse employees to sign non-compete agreements, has continued into 2018. 

Top 5 Non-Compete Cases in Texas in 2017

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.

2017 Welcomes Changes in Non-Compete Laws

This year, California, Illinois and Nevada amended their non-compete statutes to help protect employees’ right to change employers. Idaho, Maryland, Massachusetts, New York, and Washington considered various amendments, but were unsuccessful in signing them into law, which means they will probably try again in 2018.   

Will Ban the Non-Competes Movement Lose Its Momentum During the Trump Administration?

It’s no secret that the Obama administration made a push, especially towards the end, towards limiting the use of non-compete agreements by employers around the country. The White House commissioned not one but two reports on this topic, both of which concluded that non-compete…

A Texas Case Demonstrates Why Using Stock Non-Compete Agreements May Backfire

Last month, a Texas Court of Appeals denied an insurance agency’s application for a temporary injunction against its former President because it held that the non-compete agreement, as written, did not restrict the President from competing. The agency tried to enforce the non-compete and…

Fox Goes to War with Netflix Over Two Programming Executives Who Jumped Ship

In a move that suggests that Fox might be feeling the burn of Netflix competition, the network Goliath has recently sued the king of online streaming over hiring of its two programming executives.  In the lawsuit, Fox claims that Netflix induced these employees to breach their employment agreements with Fox…

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…

What You Should Know About Non-Compete Agreements in Your Industry

According to a recent study,* at least one in four workers have signed a non-compete during their work-life, and at least 12% of the U.S. labor force are currently working under one. However, only 10% of the study participants reported bargaining over the terms of their non-compete…

No Non-Compete Agreement? No Problem! – What Texas Companies Can Learn from Oculus Rift Lawsuits

I advise all my business clients in Texas to have non-compete and non-solicitation agreements with their key employees. Why? Well, first of all, because Texas courts enforce such agreements, so it only makes sense to take advantage of them. Second, because clear, specific, and…

Non Compete Agreements in a Sale of Business

Anybody who is buying a business – no matter how large or small – should consider including a non compete agreement or clause in the sale documents. For a buyer, such clause ensures that the seller does not take the proceeds from the sale and…

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