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 non-compete and other contractual issues are handled in the Texas courts, you’re in the right place.
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Noncompete agreements remain enforceable in Texas and beyond after a federal judge in Texas issued a nationwide injunction against the Federal Trade Commission’s (FTC) recent ban on them. This landmark ruling temporarily preserves the status quo, allowing Texas employers to continue using them under existing state laws. Immediate Implications for Texas Employers and Employees For employers, this means that...
Continue ReadingBreaking News: Texas Noncompetes Remain Enforceable as Federal Judge Halts FTC’s Noncompete Ban As a Texas attorney who frequently handles contract dispute matters involving non-compete agreements, one of the questions that I am asked more than any other (by both employers and employees) is: Are non-compete agreements enforceable in Texas? The answer is: Yes, they can be. Texas law...
Continue ReadingOn July 3, 2024, a federal district court in Dallas ruled that the Federal Trade Commission (“FTC”) likely exceeded its authority when it enacted a nationwide noncompete ban. The court noted, “The text, structure, and history of the FTC Act reveal that the FTC lacks substantive rulemaking authority with respect to unfair methods of competition.” The court also found “there is a substantial likelihood the [FTC’s] Rule is arbitrary and capricious because it is unreasonably overbroad...
Continue ReadingLegal challenges notwithstanding, the recent ruling by the Federal Trade Commission (FTC) to ban noncompete agreements has sent ripples through the business and legal communities. As a Texas attorney specializing in noncompete law, I’ve received numerous questions from business owners, executives, and employers about how this federal decision impacts other types of employment agreements, specifically nonsolicitation and nondisclosure agreements....
Continue Reading“Hooray, my noncompete is no longer in effect. The FTC just voided it.” Not so fast. Everybody knows about the FTC’s 3-2 decision to ban noncompete agreements. There are thousands of news stories on the internet about it, and no need to regurgitate them. I would like to caution everyone who’s bound by a noncompete agreement not to be...
Continue ReadingBelow you’ll find answers to the 15 questions I get more than any other about Texas noncompete law. Each answer is short and to the point. For almost every question I have also provided a link to a related post that addresses the question in greater detail and with more nuance. What is required for a covenant not to...
Continue ReadingNon-disclosure agreements play a vital role in safeguarding sensitive information and maintaining confidentiality in various business relationships. In Texas, these agreements hold significant legal weight and are frequently utilized by businesses. Whether you’re a business owner or an employee, having a solid understanding of a standard Texas non-disclosure agreement is crucial. Here are some frequently asked questions about NDAs...
Continue Reading“I can ignore my noncompete because Biden banned them, right?” I can’t tell you how many times I’ve heard this over the past few weeks. No, neither the Biden Administration nor the Federal Trade Commission has banned noncompetes. Even if the FTC were to attempt to do so, the new rule would almost certainly be immediately challenged in court. Chances are, such...
Continue ReadingAre you looking for an attorney to review your Texas physician employment contract? You’re in the right place. Click here to get started. 7 Employment Contract Blunders for Physicians to Avoid… According to data provided by the Kaiser Family Foundation (KFF), there are more than 950,000 professionally active physicians in the United States, including nearly 62,000 in the state...
Continue ReadingIf you run a small business you look to control expenses wherever you can. And if you are going to ask your employees to sign a non-compete agreement, you are probably tempted to use a templated noncompete agreement rather than paying an attorney to draft one for you. Here are our two cents: It’s going to be much more...
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