The right question is not “should Texas follow the inevitable disclosure doctrine?” but rather “what evidence is sufficient to establish imminent harm from the threatened use of trade secrets?”
A non-compete that bars an employee from working in the industry in any capacity is generally an impermissible “industry-wide exclusion” under Texas law.
The Texas Supreme Court’s opinion in Mercedes-Benz v. Carduco is part of a trend carving back the “fraudulent inducement” theory in business transactions.
The Texas legislature, the Dallas Court of Appeals, and the Fifth Circuit have combined to tame the statute that once swept through Texas litigation like a prairie fire.
Does the loss of sales caused by a breach of a non-compete establish “irreparable injury”?
Can a show about nothing teach us something about workplace conduct between the sexes?
If a Texas non-compete is totally missing a limitation on time period or geographic area, can it still be reformed?
What can the Mueller report teach lawyers about making recommendations to clients?
Under Texas non-compete law, does the employer have to prove the information it provided to the employee was actually confidential?
Six important ethics tips for lawyers who blog. All the disclaimers.