Blog : Non-Competes

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?

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 […]

Sometimes a Texas non-compete will take the form of forfeiture clause rather than an express prohibition on competing. Is that a non-compete?

A Texas non-compete litigator points out the biggest problems with the way non-competes work in practice.

Texas non-compete cases that predate the statute have principles that are still relevant today.

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 the loss of sales caused by a breach of a non-compete establish “irreparable injury”?

If a Texas non-compete is totally missing a limitation on time period or geographic area, can it still be reformed?

Under Texas non-compete law, does the employer have to prove the information it provided to the employee was actually confidential?