Blog : Non-Competes

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

For almost a century, Texas law has required a non-compete to have a reasonable time period, but what does “reasonable” mean?

Part 1 covered the “ancillary” requirement. Part 2 “reasonableness.” Part 3 covers everything else you need in your non-compete.

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.

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.

File a non-compete lawsuit too soon, and you may not have evidence of imminent harm. But file it too late and . . .

Most non-competes have an “ipso facto” clause saying a breach is grounds for an injunction. Is that binding on the judge?

Can a Texas employer lay off an employee and then enforce the employee’s non-compete?