Category Archives: Non-Competes

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

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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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More on the Astros/Cardinals Hacking Scandal

I went on KTRK, Houston’s ABC affiliate, last weekend to discuss the Houston Astros/St. Louis Cardinals hacking scandal. You can check out the video here.

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Cardinal/Astros Hack: Earth-Shaking in Baseball, Business as Usual in the C-Suite

The recent hack into the Houston Astros’ Ground Control database may be unprecedented in sports, but it has echoes of countless trade secret theft cases in the business world. And even if the culprit turns out to be just one or two “rogue elements” within the Cardinals’ front office, it also offers lessons to high-level executives who change jobs. 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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Jimmy John’s Non-Compete a Non-Starter in Texas

Executives are used to signing Covenants Not to Compete, and unless they’re overly broad, they’re often enforceable in Texas. Executives, after all, typically receive a fair amount of consideration in exchange for the potential future restraint of trade: they’re often highly paid, privy to a wealth of confidential information about their employers, and often receive specialized training.

The same cannot be said about the person who makes or delivers sandwiches. Not unless sandwich-making got a lot more complicated and well-paid in the last few years (and something tells me it hasn’t). Continue reading

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Non-Compete Tips for New Texas Executives

Every few weeks, there’s some new story about businesses large and small relocating from California to Texas. So if you’re an executive at one of those companies, welcome to Texas! While you’re learning how to say things like “y’all” and … Continue reading

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Texas Monthly v. New York Times: Where are the damages?

The Texas journalism world has been abuzz over a lawsuit filed by Texas Monthly magazine against The New York Times, over The Times‘ luring away of Texas Monthly editor in chief Jake Silverstein to serve as editor of The Times … Continue reading

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Leaving But Not Yet Gone: Notes from the ABA’s Labor & Employment Midwinter Meeting

One of the perennial issues executive employment lawyers handle is what to do when an executive has accepted a job offer at a competitor but hasn’t left his or her current employer yet. As I found out last weekend when … Continue reading

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