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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| Read Time: 2 minutes | #Noncompete Agreements

Money for a Noncompete in Texas?

A Texas appellate court recently addressed the question of whether money is sufficient to support a non-compete agreement.  The court ruled that money was not enough and that the non-compete’s purpose must be to protect a legitimate business interest. The contract at issue was for a company (“Company A”) to provide hospitalist services and to coordinate the hiring of...

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| Read Time: 2 minutes | #Noncompete Agreements

Choice of Law in Texas Injunction Hearings

Choice Of Law in Injunction Hearings In a prior post on Choice of Law in Texas Noncompete Litigation, we discussed the need for a well-thought-out choice of law provision in noncompete agreements.  The courts have again highlighted the importance of this, but this time, it is within the context of temporary injunctions. Cameron International Corporation v. Guillory, a recent...

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| Read Time: 2 minutes | #Employment Law

Borrowed Servant Doctrine: Risks Associated with Asserting Control

Temporary workers (“temps”) are a part of many businesses.  Some companies use temps to fill a void left while an employee is on leave, others utilize temps in determining whether or not to offer a permanent position, and still others have temps as part of their everyday business functions.  No matter what the reason is, when you bring a...

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| Read Time: 2 minutes | #Noncompete Agreements

Texas Federal Court Voids Noncompete Agreement

As readers of this blog know, noncompete agreements are increasingly enforceable in Texas.  However, even in Texas, not all noncompete agreements comply with the statutory requirements. In a case decided a few months ago, the United States Court of Appeals for the Fifth Circuit, applying Texas law, held that a particular noncompete agreement was unenforceable.  In that case, the...

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| Read Time: 2 minutes | #Fiduciary Duty

Texas LLC Law – Breach of Fiduciary Duty

Over 70% of all businesses in the United States are sole proprietorships.  A sole proprietorship is an unincorporated business that is owned and operated by a single individual.  As a sole proprietor, you are entitled to 100% of the profits.  However, you are also 100% personally responsible for all debts, losses, and liabilities. Many people choose to protect themselves...

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| Read Time: 3 minutes | #Trademark Law

Trademark Infringement Basics

It is said that imitation is the most sincere form of flattery.  However, imitating a competitor’s trademark can lead to harsh consequences.  Alternatively, allowing a competitor to imitate your trademark can damage your business.  It is important to understand basic concepts of trademark infringement to prevent infringing, or being infringed upon. It is important to know that an unregistered...

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| Read Time: 2 minutes | #Trade Secrets

Computer Fraud and Abuse Act: Broad Scope of Applicability

Many aspects of modern society are dependent upon computers.  And computer fraud and abuse has become prevalent.  For employers, it is important to have an employee computer access policy to protect your sensitive information.  As an employee, knowing the limits of your authorized access is essential to avoiding adverse employment action. The Computer Fraud and Abuse Act is a...

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| Read Time: 3 minutes | #Noncompete Agreements

Not all waivers of noncompete agreements are effective

Employees seeking to avoid a non-compete agreement when ending an employment relationship should ensure that their former employer explicitly releases them from the agreement. Such was the case in Try Hours, Inc. v. Douville, 2013 WL 139584 (Ohio App. 2013). In Try Hours, Inc., the Sixth Appellate District of the Ohio Court of Appeals held that an integration clause...

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| Read Time: 3 minutes | #Noncompete Agreements

Sale of Business Noncompete Agreements in Texas

In Texas, non-compete agreements that arise from the sale of a business are relatively more enforceable than those that are contained in an employment agreement.  For example, Texas courts have held that covenants not to compete may be significantly broader in scope if they arise from the sale of a business.  However, as a recent case demonstrates, from the...

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| Read Time: 2 minutes | #Noncompete Agreements

Texas Noncompete Agreements Must Be Reasonable in Scope

Hiring employees, training them, and granting them access to industry secrets or client lists exposes employers to the possibility that employees will utilize this valued information against them.  In order to protect themselves, employers will often include a covenant not to compete provision in an employment contract, commonly known as a “non-compete.”  However, it is important for both employers...

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