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Business Law

The Myth of the “Superstar” Harasser: What Employers Fail to Understand

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Welcome to Texas Business Matters! Today we talk about another commonly-held myth that prevents employers from acting on a credible claim of sexual harassment—specifically, that of the “Superstar” harasser. The “Superstar” harasser is an employee believed to be too valuable to terminate. Think … [Read more...] about The Myth of the “Superstar” Harasser: What Employers Fail to Understand

Physician Non-Compete Agreements Have Special Rules

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Welcome to Texas Business Matters! This is our fifth blog in a ten-part series on non-competes. In our last blog, we addressed whether an independent contractor can be bound by a non-compete agreement. In this blog, we will discuss the special rules for non-compete agreements for physicians. As we … [Read more...] about Physician Non-Compete Agreements Have Special Rules

Can an Independent Contractor Be Bound to a Non-Compete Agreement?

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Welcome to Texas Business Matters! This is our fourth blog in a ten-part series on non-competes agreements. In our last blog, we addressed the remedies that an employer may obtain from the court when an employee violates a non-compete agreement. In this blog, we will discuss whether an independent … [Read more...] about Can an Independent Contractor Be Bound to a Non-Compete Agreement?

What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?

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Welcome to Texas Business Matters! This is our third blog in a ten-part series on non-competes. In our last blog, we addressed the difference between non-compete, non-solicitation, and non-disclosure agreements and how to determine if your business needs a non-compete. In this blog, we will discuss … [Read more...] about What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?

How to Determine If Your Business Needs a Non-Compete

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Welcome to Texas Business Matters! This is our second blog in a ten-part series on non-competes. In the first blog, we addressed what is a non-compete and under what circumstances non-competes are enforceable in Texas. In this blog, we address the difference between non-compete, non-solicitation, … [Read more...] about How to Determine If Your Business Needs a Non-Compete

Introduction to Non-compete Agreements

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Welcome to Texas Business Matters! Today we start our 10-part series on non-compete agreements. In this series, we will cover what is a non-compete agreement; under what circumstances a non-compete agreement is enforceable under Texas law; the difference between non-compete, non-solicitation, and … [Read more...] about Introduction to Non-compete Agreements

Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement

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Trade secrets are the kind of information that, if end up in the hands of a competitor, could spell disaster for your business. A common example is the Coca Cola recipe. Other examples include customer lists, pricing information, and business strategies. Under Texas law, it is illegal for an … [Read more...] about Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement

Employers: No Noncompete? Buy “Loyalty” Instead

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In April, I wrote about the enforceability of forfeiture clauses in an article published in Texas Lawyer and reprinted with permission here. A forfeiture clause requires an employee to forfeit his right to compensation if he engages in activity detrimental to the company, such as working for a … [Read more...] about Employers: No Noncompete? Buy “Loyalty” Instead

Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

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Executive employment contracts and severance agreements often include a forfeiture clause. These so-called "bad boy" clauses require the employee to forfeit his right to compensation if he engages in activity deemed detrimental to the company, such as working for a competitor. A case pending before … [Read more...] about Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

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