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Texas Contract & Noncompete Disputes Blog

robert-wood Over the past decade Attorney Robert Wood has published hundreds of articles on the Texas Contract & Noncompete Disputes Blog, establishing himself as an authority on Texas noncompete law. If you want to gain a better understanding of how noncompete and other contractual issues are handled in the Texas courts, you’re in the right place.

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How Specifically Must a Trade Secret Be Identified Under Texas Law?

February 8, 2017 / By Robert Wood
Texas Uniform Trade Secrets Act

In Texas, a business and/or employer can bring a claim for misappropriation of trade secrets if a competitor or employee acquires a business’s trade secrets improperly or uses them without permission.  Tantamount to establishing a misappropriation of trade secrets claim is establishing that a trade secret, in fact, existed. Under Texas law, a “trade secret”…

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Can A Noncompete Be Extended If It Is Violated?

February 3, 2017 / By Robert Wood
Non Compete Agreements Texas

Many noncompete cases are filed after an employer learns that an ex-employee is violating his covenant not to compete. Sometimes, an ex-employee competes for several months before an employer discovers that the ex-employee is doing so. This is especially possible in an age in which much commerce is done via the internet. Thus, by the…

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Who Can Get Attorneys’ Fees in a Non-Compete Action?

January 25, 2017 / By Robert Wood
Non Compete Agreements Texas

Under Texas law, parties may only be entitled to recover their attorneys’ fees if permitted by statute, by a contract between the parties, or under equity. At times, there may be multiple avenues for a prevailing party to receive attorneys’ fees. However, at other times, a statute may preempt, or override, every other avenue to…

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Do All Physician Non-Competes in Texas Require a Buyout Provision?

December 29, 2016 / By Robert Wood
Physician Employment Contracts

Under Texas law, non-compete agreements involving a physician in some situations must include a handful of provisions (“requirements”) in order for the non-compete to be enforceable.  One such requirement is that a physician non-compete agreement must contain a buyout provision.  When must a buyout provision be included? Are requirements like buyout provisions required in all…

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Geographic Limitations on Texas Non Competes?

October 17, 2016 / By Robert Wood
Articles // Non Compete Agreements Texas

Worldwide Geographic Restriction of Texas Noncompete Agreements May Be Enforceable Last revised: 10.17.16 In the past, Texas courts have not fully embraced the ability of a non-compete agreement to restrict an employee from working anywhere in the world.  In several cases, Texas courts have held that the proper geographic scope of a noncompete agreement is…

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Fraudulent Inducement & Settlement Agreements Under Texas Law

September 25, 2016 / By Robert Wood
Articles // Contract Law

Settlement Agreements: Fraudulent Inducement and the Duty to Read Your Contract Settlement agreements are contracts. They impose binding obligations on both parties. Consider the following example:  Employer sues ex-employee for breach of non-compete. Employee files a counterclaim for unpaid sales commissions. Eventually, the two parties sign a settlement agreement. As part of the settlement agreement, the parties…

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Enforceability of Non-solicitation Clauses in Texas

August 22, 2016 / By Robert Wood
Articles // Non Solicitation Agreements in Texas

Are Non-solicitation Clauses Enforceable in Texas? The answer is, they can be, but, like noncompete agreements, they must comply with the statutory requirements against unlawful restraints on trade. Just like a noncompete provision (which keeps an employee from having a certain type of job), a non-solicitation provision (which keeps an employee from soliciting his former…

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