Is a Non-Solicitation Agreement a Non-Compete?


The short answer is yes. A non-solicitation agreement is a form of non-compete. But why does this issue come up? And what difference does it make? To understand why, let’s back up a bit. It is common for an employment agreement to contain both a “non-solicitation” section and a “non-compete” section. A non-solicitation clause places restrictions on the employee soliciting company customers after leaving the company. A non-compete clause is broader: it places restrictions on the employee working for a competitor after leaving the company. Every state limits the enforceability of non-competes in some way. In Texas, where I practice, […]

The Plain-Language Non-Compete


Even if you’re not a lawyer, you’ve probably had some occasion to read court documents and come across stock phrases like this: TO THE HONORABLE JUDGE OF SAID COURT COMES NOW PLAINTIFF . . . WHEREFORE, PREMISES CONSIDERED, PLAINTIFF PRAYS . . . And yes, they are usually in ALL CAPS. You may have wondered if there is some legal purpose to these formalisms. The answer is no. Leaving these traditional incantations out of a court document would have zero legal effect. They are no more necessary than drafting a court document in Papyrus font. So why do lawyers use […]