Does What Happens to a Vegas Non-Compete Stay in Vegas?
The Nevada Supreme Court says it will not rewrite an overbroad non-compete to make it enforceable. Is this a trend coming to Texas?
Public Speaking Tips for Lawyers and Other Humans: Part 1 – Should You Lead With a Joke?
Do you ever have to speak to another group of human beings? If so, should you lead with a joke?
Customer List Confusion: The Pesky Persistence of the “Brummerhop” Rule in Texas Trade Secrets Litigation
Can a readily ascertainable customer list be a trade secret under the Texas Uniform Trade Secrets Act? Some Texas courts are confused about this.
“This Stuff’s Made in New York City!” How Texas Courts Decide Which State’s Law Applies to a Non-Compete
Does Texas law apply to my non-compete? Here is a step-by-step analysis based on a recent federal case.
Lessons From the First Case Applying the Defend Trade Secrets Act
The first case applying the new federal Defend Trade Secrets Act, Henry Schein v. Cook, was notable for how ordinary it was.
Opening a Can of Worms: Tortious Interference with a Texas Non-Compete
How the “justification” defense works when a company sues a competitor for interfering with an employee’s non-compete
Texas Supreme Court “Clarifies” Lost Profits Damages in Oil & Gas Trade Secrets Case
In Southwestern Energy the Texas Supreme Court addressed expert testimony on lost profits in an oil and gas trade secrets case.
“Litigation Is Not a Game”: Texas Case Shows How Not to Enforce an Injunction in Non-Compete Litigation
A typical non-compete case somehow went off the tracks. Avoid these mistakes when trying to enforce an injunction in a non-compete case.
Fair and Balanced? The “M-I” Hearing Required in Texas Trade Secrets Litigation
The Texas Supreme Court held in the M-I case that the judge must apply a balancing test to decide whether corporate reps get to stay in the courtroom in a trade secrets case.
Witness Preparation and the Golf Swing
Ken Starr’s interview with a Waco TV station was a disaster, but it can teach lawyers valuable lessons about witness preparation.