For Texas non-compete agreements, what are reasonable limitations on time, geographical area and scope of activity? In Texas, non-compete reasonableness restricts an employee’s ability to compete against her former employer must comply with the Texas Business and Commerce Code Section 15.50(a). Aside from being ancillary to or part of an otherwise enforceable agreement, the non-compete agreement […]
The Non-Compete Reasonableness Requirement
Trade Secrets: Seeking Injunctive Relief Against Former Employees
One of the most frequently litigated areas in Texas is the utilization or dissemination of trade secrets by a departing employee. There are two basic scenarios. One is where the employee actually took with him certain confidential information of the former employer that he is using in his new position. Second, and perhaps more difficult, […]
A Primer on Covenants Not to Compete in Texas
Article 15 of the Texas Business and Commerce Code is generally referred to as the Covenants Not to Compete Act. The Act has governed covenants not to compete in Texas for over 20 years now. However, a few opinions issued by the Texas Supreme Court over the last eight years have provided greater clarity for […]
In Texas, are Non-Compete Agreements Enforceable?
There is a nasty rumor going around. The rumor is that in Texas, non-compete agreements are not enforceable. Believing this rumor could get employees and those companies that hire employees with non-compete agreements in hot water. The truth is, there are a lot of factors that go into whether a non-compete agreement is enforceable in […]
Three Approaches to Enforcing a Non-Compete in Texas State Court
It’s every employer’s nightmare. Your star salesperson has left the company and started working for a competitor. It gets worse; your IT department confirms that the sales person took the company’s confidential information with them. Employers enforcing a non-compete agreement that is compliant with Texas Business and Commerce Code, section 15.50 has several tools at […]