Texas Temporary Injunction Law: Fact-Specific Inquiries

/ By Robert Wood
Articles // Non Compete Agreements in Texas

Whether an injunction should issue in a particular case involves a fact-intensive analysis.  A recent opinion by the Dallas Court of Appeals demonstrates how the courts may conduct this analysis in cases involving claims for misappropriation of trade secrets and violations of the Texas Theft Liability Act.   A broker/dealer investment services company hired an employee…

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Usurpation of Corporate Opportunity in Texas

December 18, 2012 / By Robert Wood
Articles // Breach of Fiduciary Duty in Texas

 What constitutes “usurpation of corporate opportunity”?  There is no clear answer.   However, an opinion by the Texarkana Court of Appeals is instructive.     During merger negotiations, the company’s Chief Financial Officer (who was also a director and stockholder in the company) and another director/stockholder agreed that the CFO would waive an important provision…

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Tortious Interference and Breach of Contract in Texas

December 17, 2012 / By Robert Wood
Articles // Tortious Interferance

 A recent opinion by the Dallas Court of Appeals demonstrates that conduct in violation of an employment agreement may also constitute tortious interference.    In that case, two companies provided in-home nursing care for seriously ill pediatric patients.  Several employees of Company A went to work for Company B, including the Chief Operating Officer, a…

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