Blog : Non-Competes

In the words of Joe Biden, the FTC’s proposed ban on employee non-competes is a big f***ing deal. Bear in mind, it is only a proposed rule, and it is sure to face constitutional challenges. I’m no con law scholar, but I have a hunch the conservative 6-3 majority on the Supreme Court is not going to be psyched about a Democratic administration sweeping aside state non-compete law with the stroke of an administrative pen. But just for grins, let’s put aside the original public meaning of the Sherman Act and assume the FTC’s proposed rule is enacted and survives legal […]

As I write this, it’s the most wonderful time of the year. For a non-compete lawyer, that is. Part of my law practice is counseling people who have signed non-competes with their employers. I’ve done this dozens of times in the past five years alone. And I’ve learned a lot about what’s important in such cases. I know what you’re thinking. “The most important thing is to hire a lawyer to review the non-compete!” I mean, yes, that’s a good idea, but that’s not what I’m talking about. Or you’re thinking “is the non-compete enforceable?” Again, an important question. I […]

Checking in on our favorite non-compete fact pattern You might be wondering what happened to our friend Dawn Davis. Well, with the housing market booming, the window business is doing well. Dawn just had her best year of sales at Paula Payne Windows. But Dawn felt like she wasn’t getting a big enough cut of the profits. So she jumped ship and went to work for Real Cheap Windows. Trouble is, Dawn had a two-year non-compete with Payne, and Payne sued, asking for an injunction and damages. The judge denied the injunction, but the case is about to go to […]

Is the balance of hardships relevant in a non-compete lawsuit?

President Biden’s executive order directed the FTC to consider limitations on non-competes. Should Texas do the same?

Is a restriction on soliciting employees a non-compete subject to a reasonableness requirement?

Need some ideas for your non-compete jury charge?

The man, the myth, the paper. Wolfe on Texas Non-Compete Litigation.

Do any of the requirements of the most famous Texas non-compete decision still apply?

Failing to offer evidence regarding the reasonableness of the non-compete’s time period is the most common–and fixable–mistake.