Can They Lay Me Off *And* Enforce My Non-Compete?
Can a Texas employer lay off an employee and then enforce the employee’s non-compete?
Top 15 Drafting Considerations for Texas Non-Competes
When I think about drafting a Texas non-compete, I think about these words to a song I liked in the 80s: Freedom of choice, is what you got. Freedom from choice, is what you want. It would be so much easier if we didn’t have so many choices, especially when drafting non-competes. You’ve got two basic choices at the start. You can just cut and paste from a form, like my Plain-Language Non-Compete, or you can take the time to consider the client’s particular needs, the legal issues raised, and the practical considerations, and then draft accordingly. If you do […]
When Does Forfeiting Equity Equal a Non-Compete?
Sometimes a Texas non-compete will take the form of forfeiture clause rather than an express prohibition on competing. Is that a non-compete?
The Problem With Non-Competes
A Texas non-compete litigator points out the biggest problems with the way non-competes work in practice.
Jurassic Non-Competes
Texas non-compete cases that predate the statute have principles that are still relevant today.
Burning Down the Haass: The Industry-Wide Exclusion Rule in Texas Non-Compete Law
A non-compete that bars an employee from working in the industry in any capacity is generally an impermissible “industry-wide exclusion” under Texas law.
Does a Breach of a Texas Non-Compete Cause “Irreparable Injury”?
Does the loss of sales caused by a breach of a non-compete establish “irreparable injury”?
Can You Reform a Texas Non-Compete When a Key Term is Missing?
If a Texas non-compete is totally missing a limitation on time period or geographic area, can it still be reformed?
Does the Confidential Information Requirement of Texas Non-Compete Law Still Have Teeth?
Under Texas non-compete law, does the employer have to prove the information it provided to the employee was actually confidential?
Turn Out the Lights, the Party’s Over: Texas Legislature Takes All the Fun Out of the TCPA
Back in my day, there was only one night when you could watch NFL action: Monday. Once Don Meredith started signing “Turn Out the Lights . . .” that was all the pro football you were going to get until the next Sunday. There was no “Thursday Night Football,” or even “Football Night in America.” And we liked it. The other thing we did back in the good old days, meaning roughly 2017 until now, was file a TCPA motion to dismiss in a lawsuit that wasn’t really about “freedom of speech” or “freedom of association,” at least not in […]