Category Archives: Litigation

Picture that text you just wrote on the screen in a courtroom

Executives know better than to put questionable statements in email, right? Well, it is past time to realize the same goes for texts. Just like a Miranda warning: Anything you text can and will be used against you in a court of law. Continue reading

Posted in CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Depositions, Executive Management Style, Fiduciary Duty, Legal, Litigation, Social Media | Tagged , , , , , , , | Comments Off on Picture that text you just wrote on the screen in a courtroom

Dialer Beware: Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Where do I begin? There are so many troubling aspects to the lengthy nondisclosure agreement that Republican presidential candidate Donald Trump is requiring online campaign volunteers to sign that I just had to speak up. The contents of this 2,271-world … Continue reading

Posted in CEOs, Confidential Information, Covenants Not to Compete, Executive contracts, Litigation, Non-Competes, Trade Secrets | Tagged , , | 1 Comment

Massage Envy No More

Houston Chronicle business columnist Chris Tomlinson recently interviewed me about how a woman’s search for a better job landed her in serious legal trouble. The unfortunate story involves Maxie Foster, who worked for years as a receptionist to pay her … Continue reading

Posted in Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Litigation, Non-Competes, Trade Secrets | Tagged , , , , , , | Comments Off on Massage Envy No More

Considering a New Job? Please Talk to Your Lawyer

Zillow recently reached a whopping $130 million settlement with Realtor.com operator Move Inc. shortly before the two online real estate giants went to trial over alleged misappropriation of trade secrets. While the settlement amount is a far cry from the … Continue reading

Posted in Business Continuity, CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Executive Management Style, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets, Uncategorized | Comments Off on Considering a New Job? Please Talk to Your Lawyer

UPDATED: Trade Secret Proposal Has Won Over Congress & The President, But Not Me

Who says Congress can’t agree on anything these days? By an overwhelming vote of 410-2, the House recently approved the Defend Trade Secret Act (DTSA). The Senate already has passed the proposal and President Obama is expected to sign it … Continue reading

Posted in Confidential Information, Defend Trade Secrets Act, Litigation, Trade Secrets, Uniform Trade Secrets Act | Tagged , , , , , , , | Comments Off on UPDATED: Trade Secret Proposal Has Won Over Congress & The President, But Not Me

When You Get SLAPPed, You Can Get SLAPPed Hard

Lawyers who are keeping an eye on SLAPP litigation will want to review the Texas Supreme Court’s April 15 ruling in Sullivan v. Abraham. In its brief decision, the court provided a little more clarity in this emerging area of litigation that can affect many areas of law, including trade secrets. Continue reading

Posted in Complaints Against Executives, Litigation, SLAPP, Trade Secrets | 1 Comment

Law360 Kerfuffle Adds to Noncompetes Bonfire

Every few months, a story comes along that reignites the “noncompetes are evil” fervor. Right now, the story du jour is that of Stephanie Russell-Kraft, a freelance reporter who formerly wrote for the legal newswire Law360. She left Law360 – her first job out of college – to take a job at competitor Thomson Reuters Corp. Continue reading

Posted in Confidential Information, Executive contracts, Legal, Litigation, Non-Competes, Trade Secrets | Tagged , , | 1 Comment

SCOTX Asked to Keep a Few Too Many Secrets

Yesterday, the Texas Supreme Court heard an important case involving the recently enacted Texas Uniform Trade Secrets Act (TUTSA), and it could profoundly impact how trade secret cases are litigated in Texas. This case concerns whether a plaintiff can banish … Continue reading

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A Texas-Based ‘Silicon Valley’ Would Have Had a Much Different Season Finale

It’s a good thing Pied Piper, the fictional tech company at the center of HBO’s “Silicon Valley,” was founded in California and not Texas. Continue reading

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Life without non-competes isn’t necessarily sunny (even in California)

As an attorney who represents executives who have had to sign non-compete agreements as a condition of employment, I confess to a general dislike of non-competes. They impede worker mobility and career growth, and are often an unnecessarily restrictive way … Continue reading

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