Category Archives: Covenants Not to Compete

Tracking the Impact of the Defend Trade Secrets Act After Five Years 

The now five-year-old Defend Trade Secrets Act has had a big impact, I reported in a Texas Lawyer commentary “Tracking the Impact of the Defend Trade Secrets Act After Five Years.”    “Trade secret filings were on the rise even before the DTSA and have only increased since. Texas is … Continue reading

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Texas Appellate Court Goes the Extra Mile (literally) in Non-Compete Dispute, Expands Geographic Scope of Injunction

An appellate ruling from the Dallas Fifth Court of Appeals in January is an important read for those who closely follow Texas non-compete litigation.    The opinion in Richard Gehrke and Pacific Companies Inc. v Merritt Hawkins and Associates is a rare example … Continue reading

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Backlash Builds for Noncompetes

For a generation of workers, noncompete agreements have steadily crept into more and more facets of the working world to the point that even low- and middle-wage earners are increasingly being asked to sign the agreements as a condition of … Continue reading

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Dating App Execs Make Failed Tinder-Bumble Merger Personal

A nasty court fight unfolding between Texas-based dating apps Tinder and Bumble has all of the elements of a soap opera drama – romance, unfaithfulness, intrigue and, of course, revenge. The mess began just four years ago with a bitter … Continue reading

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In Buc-ee’s Retention Pay Squabble, Former Manager Scores Big Payback from Appellate Court

A Texas appellate court recently stiff-armed the Buc-ee’s convenience store chain for a poorly considered retention pay provision that amounted to “unenforceable restraints of trade.” The court’s interpretation of the retention pay provision is a learning opportunity for employers who … Continue reading

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Regional Economies Find Hidden Price of Noncompete Agreements

A recent New York Times article by Conor Dougherty puts a human face on the damaging consequences that result when workers in broad swaths of the economy are required to sign noncompete agreements as a condition of employment. While the … Continue reading

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U-Turn Ahead: Uber hits brakes over new hire’s refusal to help in trade secret defense

In a move that surprised no one watching the drama between Uber and Google’s Waymo self-driving vehicle division, Uber fired engineering whiz Anthony Levandowski on Tuesday. The company thought it scored a real coup last year in hiring Levandowski to … Continue reading

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Your Employment Agreement is Nothing Like a Mortgage Document

Another report on employment contracts is discouraging but not surprising. A survey of 1,000 people in the U.K. showed that more than 90 percent didn’t read their employment contracts – despite the fact that the terms can haunt them for … Continue reading

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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