Archive

Who is a fiduciary under Texas law?

/ By Robert Wood
Articles // Breach of Fiduciary Duty in Texas

As a recent opinion by the Fifth Circuit indicates, an employment agreement that provides that all work product created by the employee becomes the property of the employer may give rise to a fiduciary relationship between the employee and employer. In that opinion, a company entered into an employment agreement with a chemist. The contract…

Read more

What is Tortious Interference Under Texas Law?

/ By Robert Wood
Articles // Tortious Interferance

A recent opinion by the Dallas Court of Appeals demonstrates that merely inducing a party to a contract to do something that it is permitted to do under the contract generally cannot, standing alone, constitute tortious interference. In that case, a bank held a piece of real property in trust. A partnership executed a contract…

Read more

Texas Noncompete Agreements: Not Always Enforceable, Even After Marsh USA

November 9, 2012 / By Robert Wood
Articles // Non Compete Agreements in Texas

Even after the Marsh USA case, some noncompete agreements are still unenforceable in Texas.  In a recent opinion by the Texarkana Court of Appeals, the noncompete agreement stated as follows:  I agree not to seek employment on a temporary, contract or permanent basis at any company where introduced by Hiring Partners, Inc. for a period…

Read more