Nondisclosure Agreements

A promise not to disclose trade secrets or confidential information is not a covenant not to compete. Thus, the requirements applicable to noncompete covenants do not to apply. Non-disclosure agreements are enforceable (however, whether the information sought to be protected is actually confidential may be contested).

When is a Texas Non-Disclosure Agreement Actually a Non-Compete?

June 28, 2016 / By Robert Wood
Articles // Nondisclosure Agreements

Many wars have been fought in Texas courts over the enforceability of non-compete agreements. But relatively few have been waged over the enforceability of non-disclosure agreements. The reasons for this are many, including the fact that Texas courts have routinely held that, unlike noncompete agreements, nondisclosure agreements do not restrain trade; hence, they are far…

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