Blog : Departing Employees

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.

Specialization has benefits. A lawyer who repeatedly handles the same type of case will tend to become an expert in that type of case, understanding the nuances, tricks, unanswered questions, and grey areas. See Do I Need a Specialist to Handle My Texas Non-Compete Case? But becoming an expert on an area of law can have a less obvious downside: the tendency to forget that things that are self-evident to you may not be so obvious to a client. For example, if you’re a plaintiff’s personal-injury lawyer, it’s pretty obvious that a person who claims he suffered a debilitating injury […]