Tag: Non-Solicitation Agreements in Texas

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 at 2:30 p.m. at the Texas Bar Advanced Employment Law Course in Dallas, Texas.  You can get a copy of…

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…

A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian

The Fort Worth Court of Appeals recently upheld an injunction enforcing an 18-month, 50-mile non-compete against a veterinarian, who accepted a job with a competing veterinary clinic within the 50-mile radius of her former employer. In Bellefuille v. Equine Sports Medicine & Surgery, Weatherford…

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…

Non-Compete Agreements are Not OK in Oklahoma

Turns out Oklahoma and California have much more in common than one would imagine – they both prohibit non-compete agreements.  The Fifth Circuit Court of Appeals recently confirmed in Cardoni, et al. v. Prosperity Bank what many Oklahoma businesses already know – non-compete restraints in Oklahoma do…

Small Business Corner: Limiting Competition Through Contract Provisions

Whether you are hiring a new employee or entering in a contract with your vendor or supplier, if you are planning on giving these persons access to your business’ confidential information, such as customer lists, financial information, proprietary training materials, etc., you should make…

Anti-Raiding Provisions with Clients, Vendors and Subcontractors – Why It’s a Good Idea

Many companies have basic non-compete provisions that prevent employees from working for a competitor for a certain period of time, but they often fail to address a situation where an employee goes to work in-house for a client of the company or jumps ship to work…

Common Misconceptions About Non-Competition Agreements in Texas 

A big part of my practice consists of enforcing non-competition, non-solicitation and non-disclosure agreements against the departing employees on behalf of their employers. Conversely, I also advise employees regarding what they can and cannot do in light of the non-competition or non-solicitation restrains imposed on them by their…

Employers Should Take Care Not to Waive Non-Compete or Non-Solicitation Clauses Through Post-Employment Actions

It is not uncommon for employers to include a non-compete/non-solicitation (NCNS) covenant in their benefit plans or stock option agreements. Either agreement can then make the payments due to the employee conditional upon his or her compliance with the NCNS. In those cases where…

Practical Guide to Enforcing Non-Compete Agreements in Texas (Part II)

If you have followed the steps in Part I, you might now be in possession of evidence confirming that your ex-employee is violating his or her non-compete agreement. Such evidence will do you no good, however, if the non-compete agreement that you are relying…

Practical Guide to Enforcing Non-Compete Agreements in Texas (Part I)

You have just learned that one of your former employees might be violating the terms of his non-compete agreement with your company.  What should you do? Should you call him and ask him to stop? Should your general counsel send him a letter threatening…

%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this:
%d bloggers like this: