Blog : Departing Employees

Quick, can you name the number one song of 2014? I’ll help you out. It was “Happy” by Pharrell Williams. But to be honest, I was not so happy in early 2014. I had just lost my job working for a Houston law firm. Fortunately, I had a good paying client who was being sued for violation of a non-compete. And the rest is history. At the time I’m writing this (the end of 2024), my Texas law practice has focused on the defense of lawsuits involving claims for violation of non-competes and/or alleged misappropriation of “trade secrets” for about […]

Does an injunction have to specifically identify the restricted customers and confidential information?

Texas judges need guidance on granting direct access to electronic devices through TROs and temporary injunctions.

In a departing employee lawsuit, can the employer recover its forensic expert fees as actual damages?

What are the key ethical issues that typically come up for lawyers handling departing employee litigation?

Applying knowing participation in breach of fiduciary duty to departing employee litigation

Does Texas law allow direct access to a departing employee’s computer or other device? Let’s apply the Texas Supreme Court’s decisions in Weekley Homes and Shipman.

The Dallas and Fort Worth Court of Appeals don’t think the TCPA applies to ordinary claims of conspiracy or misappropriation of confidential information.

Does the First Amendment protect the right to burn the American flag? Well, it depends. Consider three scenarios: A Boy Scout troop burns a worn-out American flag because that is the proper and respectful way to dispose of it. See 4 U.S.C. § 8(k) (“The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.”) A radical burns the flag at a lawful protest while yelling “down with American imperialism” (which tells you the radical is probably old enough to qualify for Medicare). […]

Five key issues in departing employee litigation in five minutes. From a Texas perspective.