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Covenants Not to Compete12

When the Employer and the Employee Reside in Different States, Which State’s Law Applies to a Non-Compete Agreement?

By Covenants Not to Compete, Litigation, Noncompete Agreements
Welcome to Texas Business Matters! This is our sixth blog in a ten-part series on non-competes. In our last blog, we addressed the special rules for non-compete agreements for physicians.  In this blog, we will discuss which state’s law applies to a non-compete agreement when the employer and the employee…
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Physician Non-Compete Agreements Have Special Rules

By Business Law, Covenants Not to Compete, Employment Policies, Health care, Noncompete Agreements, Recent Cases
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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Can an Independent Contractor Be Bound to a Non-Compete Agreement?

By Business Law, Covenants Not to Compete, Independent Contractor, Noncompete Agreements
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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What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?

By Business Law, Civil Litigation, Covenants Not to Compete, Damages, Employment Policies, Litigation, Noncompete Agreements
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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How to Determine If Your Business Needs a Non-Compete

By Business Law, Covenants Not to Compete, Noncompete Agreements, Trade Secrets
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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Introduction to Non-compete Agreements

By Business Law, Covenants Not to Compete, Noncompete Agreements, Tips & News, Trade Secrets, Uncategorized
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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Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement

By Appeals, Business Law, Civil Litigation, Covenants Not to Compete, Hiring and Firing, Litigation, Noncompete Agreements, Recent Cases, Tips & News, Trade Secrets
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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Employers: No Noncompete? Buy “Loyalty” Instead

By Appeals, Business Law, Civil Litigation, Covenants Not to Compete, Litigation, Noncompete Agreements, Recent Cases, Texas Supreme Court, Tips & News
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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Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

By Appeals, Business Law, Civil Litigation, Covenants Not to Compete, Litigation, Noncompete Agreements, Recent Cases, Severance Agreements, Texas Supreme Court
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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