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In this part we look at how to draft a Texas non-compete to meet the critical “reasonableness” requirement.

I’m going to walk you through the decisions to be made when drafting a Texas non-compete.

In this installment we move from the Sales Territory principle to the Holistic principle.

Shannon Montgomery won a bodybuilding competition while managing her solo law practice. What lessons can you learn from her experience?

What does the reaction of law examiners to the COVID-19 pandemic teach us about human nature?

One trick I learned early in my litigation career was what the witness can say when the lawyer asks, “ok, but is it possible that ____?” The classic answer: “Anything’s possible.” Sure, it’s flip, but it’s effective. This answer succinctly points out the folly of the question. Getting a witness to say it’s possible that some event happened doesn’t really prove anything. In litigator lingo, it’s “no evidence” that the thing actually happened. But is it true that anything is possible? Sometimes performance of a contract will become impossible after the parties sign it. This has become even more apparent […]

These proposed changes would allow trade names and make it easier for Texas lawyers to share educational content on social media.

Does misappropriation of trade secrets create a presumption of irreparable injury in Texas?

When the case involves a sales person or other low to mid-level employee, the Sales Territory principle will usually explain why the court found the geographic area reasonable or unreasonable.

Bostock shows that Strict Textualism fails to deliver on its central promise of providing an objective, determinate, non-political basis for deciding hard cases.