An opinion by the San Antonio Court of Appeals demonstrates that in order to prevail on a claim for tortious interference of contract, the claimant need not prove an outright threat. Certain statements and requests may be sufficient. A salesman was recruited to work for a company by a general manager and a sales manager. Later that year,...
Continue ReadingWhether 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 as a Vice President....
Continue ReadingWhat 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 in his employment contract in exchange for...
Continue ReadingA 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 case manager and an...
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