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 … [Read more...] about When the Employer and the Employee Reside in Different States, Which State’s Law Applies to a Non-Compete Agreement?
Litigation
What Are an Employer’s Remedies When an Employee Breaches a Non-Compete Agreement?
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?
Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement
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
Lessons in Lawyering from The Little Prince
In The Little Prince, Antoine de Saint-Exupery wrote, “Love is not gazing at each other but looking outward at the world together.” This strikes me as a way to describe my job as a lawyer—to stand with my client, shoulder to shoulder, and see the world as he sees it. For me, this is the best (and … [Read more...] about Lessons in Lawyering from The Little Prince
Employers: No Noncompete? Buy “Loyalty” Instead
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?
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?
Texas Trial Lawyer Trivia: When to Demand a Shuffle of the Jury Panel?
Voir dire is my favorite part of a trial. It’s the beginning, which is always the most exciting part of any adventure. And it’s where you, as a trial lawyer, begin to get to know the jury panel, and they begin to get to know you and your client. Call it the courtship phase of the relationship. Both … [Read more...] about Texas Trial Lawyer Trivia: When to Demand a Shuffle of the Jury Panel?
Negotiation Techniques to Use in Settling Cases and Everyday Life: Giving the “Yes”
I was thrilled to have the opportunity to speak at the State Bar of Texas’s Advanced Administrative Law Course last week. The topic was Negotiation Techniques to Use in Settling Cases and Everyday Life. A technique that I did not discuss at the course but one that I frequently use is what I call … [Read more...] about Negotiation Techniques to Use in Settling Cases and Everyday Life: Giving the “Yes”
Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?
I had a great time speaking to the Manor Chamber of Commerce last week on sexual harassment. One of the members asked a good question, which is: do the laws governing sexual harassment apply to volunteers? Generally, the answer is no. Title VII and the Texas Commission on Human Rights Act (TCHRA), … [Read more...] about Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?
Where the Wild Things Are: A Primer for Dealing with Anger
My toddler’s favorite book right now is Where the Wild Things Are, by Maurice Sendak. In Where the Wild Things Are, we meet Max. Dressed up in his wolf suit, Max creates mischief of one kind (he ties a sheet into knots and nails it to the wall to make a clothesline). And another (Max leaps off the … [Read more...] about Where the Wild Things Are: A Primer for Dealing with Anger