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Two More Texas Courts of Appeals Find An Arbitration Waiver In Light of...
Last November, the Dallas Court of Appeals upheld a trial court’s ruling that a party who substantially participated in litigation had waived its arbitration rights under an otherwise valid and...
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A Temporary Injunction Order Enforcing a Non-Compete Agreement in Texas Must...
All temporary injunctions in Texas must comply with Rule 683 of Texas Rules of Civil Procedure, which requires every injunctive order to “set forth the reasons for its issuance; [] be specific in...
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Employers Should Take Care Not to Waive Non-Compete or Non-Solicitation...
Leiza DolghihAttorney, Godwin Lewis PC It is not uncommon for employers to include a non-compete/non-solicitation (NCNS) covenant in their benefit plans or stock option agreements. Either agreement can...
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The Fifth Circuit Addresses the Texas Anti-SLAPP Statute and the Commercial...
Three years ago, Texas enacted its own anti-SLAPP statute, appropriately titled the Texas Citizens Participation Act (TCPA). Since then, many defendants have taken advantage of the TCPA‘s quick...
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An Employer Cannot Prohibit Its Employees From Discussing “Personnel Issues”
In the last few years, the National Labor Relations Board (NLRB) has been declaring unenforceable one confidentiality policy after another, forcing employers to balance their need to protect their...
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Common Misconceptions About Non-Competition Agreements in Texas
A big part of my practice consists of enforcing non-competition, non-solicitation and non-disclosure agreements against the departing employees on behalf of their employers. Conversely, I also advise...
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A Houston Court of Appeals’ Opinion Highlights What Evidence an Employer...
Last week, the Fourteenth Court of Appeals issued a ruling in a case involving a non-compete agreement between a legal services company in Texas and its former marketing director. While the facts and...
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Trade Secrets Litigation is About to Change with the Passage of the Federal...
The federal Defend Trade Secrets Act (DTSA), that has been subject of rigorous debate over the past few years, is just days away from becoming the law of the land. On April 4, 2016, the Senate passed...
View ArticleA Split Among Texas Courts Regarding Whether Current Employers Should be...
Last month, the Thirteenth Court of Appeals addressed the following issue: must an employer who is enforcing a non-compete agreement against a departed employee add the employee’s new employer as a...
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What is a “Reasonable” Non-Competition Agreement?
Most states will enforce reasonable non-competition agreements, but what is “reasonable” and how the courts reach that conclusion varies. In Texas, there are some rules of thumb regarding what is...
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