Texas Contract & Noncompete Disputes Blog

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.

If you’d like to speak with Robert about your situation, you can contact him using this form or call him at 469-754-2812.

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May 13, 2024 | By Robert Wood | Read Time: 2 minutes | #Non-Disclosure

How Does the FTC Noncompete Decision Impact Nonsolicitation and Nondisclosure Agreements in Texas?

Legal 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....

Apr 24, 2024 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

FTC Votes to Ban Noncompetes, but Employees Should Proceed with Caution

“Hooray, my noncompete is no longer in effect.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...

Apr 24, 2023 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

No, the Biden Administration Has Not Banned Non-Compete Agreements

“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...

Mar 2, 2023 | By Robert Wood | Read Time: 7 minutes | #Noncompete Agreements

Sample Texas Noncompete Agreement (and Why Using a Free Template Is a Bad Idea)

If 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...

Mar 1, 2023 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Calculating a Noncompete’s Geographic Scope: By Driving Distance, Or “As The Crow Flies”?

This is a topic that occasionally comes up with respect to geographic limits on Texas noncompetes. If the noncompete provision contains a 10-mile geographic scope, does that mean ten miles measured in driving distance or ten miles through the air? Sometimes, this is an important distinction, because a particular point might be ten miles away through the air, but...

Jan 15, 2023 | By Robert Wood | Read Time: 3 minutes | #Physician Contracts

Buyout Options are Mandatory Under Physician Noncompete Statute in Texas

NEWS: Major Update to Physician Noncompete Law Takes Effect September 1, 2025 In Texas, physician noncompetes differ from noncompetes in any other industry in several respects. The primary difference is this: The Texas noncompete statute requires that the physician be given the option to buyout of the noncompete if the physician wishes to do so. This “option to buyout”...

Mar 9, 2022 | By Robert Wood | Read Time: 2 minutes | #Contracts

Are Verbal Contracts Enforceable in Texas?

“An oral contract is as good as the paper it is written on.” This is simply not true in Texas. In fact, a Texas jury awarded $11 billion dollars in damages to Pennzoil when Texaco interfered with an oral contract for the sale of Getty Oil to Pennzoil, one of the largest jury verdicts in U.S. history. While it...

Mar 8, 2022 | By Robert Wood | Read Time: 3 minutes | #Trade Secrets

Understanding the Texas Uniform Trade Secrets Act

What is a Trade Secret Under Texas Law? Every business has some amount of confidential and proprietary information that it does not want its competitors to know. When someone uses a business’ confidential information without consent or threatens to do so, filing a claim for misappropriation of trade secrets is one way for a business to protect its information. However, in...

Mar 8, 2022 | By Robert Wood | Read Time: 2 minutes | #Fiduciary Duty

Breach of Fiduciary Duty in Texas

Employees owe various duties to their employers, including a general duty of loyalty. This duty requires employees to act primarily for the benefit of their employer in all matters connected with their employment. Failure to do so may constitute a breach of fiduciary duty, or breach of the duty of loyalty. Examples of Employee Fiduciary Duty in Texas An employee...

Mar 7, 2022 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Do Texas noncompete agreements apply to independent contractors?

Does the Texas noncompete statute apply to independent contractors as well as employees? Although there is not much case law on this, the answer is almost certainly yes. One case in particular out of the Fort Worth Court of Appeals dealt with a noncompete agreement dispute involving an independent contractor. Neither the company attempting to enforce the noncompete nor...