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 Matt Lauer, the former host of NBC’s “Today,” who…
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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 discussed…
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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 contractor…
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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 the remedies that an…
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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, and non-disclosure agreements and how…
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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 non-disclosure agreements; how to determine whether your business…
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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 employee…
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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 competitor. In…
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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 the Texas Supreme Court could…
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Since law school, I have been a fan of the hypothetical. I’m also a big fan of December. My baby was due on Christmas Day. Until he was born, my husband and I affectionately referred to him as “Jesus Chuck” (after Jesus of Nazareth and another celebrated man, Chuck Norris).…
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