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: 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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| Read Time: 2 minutes | #Noncompete Agreements

Choice of Law in Texas Noncompete Litigation

When contracting with another party, it is essential to understand which state law will govern your contract in the event you find yourself in a contractual dispute.  What might seem to be a reasonable provision, agreed upon by all parties, can be interpreted radically different depending upon the state law that will govern your contract.  In legalese, choosing a...

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| Read Time: 3 minutes | #Noncompete Agreements

A Rare Anti-Noncompete Case in Texas

An employee of a small manufacturing company (“Acme Company”) leaves and starts his own competing company (“Best Company”). Acme Company sues the employee for doing so—because the employee signed a noncompete agreement stating that, if he left Acme Company, he would not start a competing business. In the lawsuit, the employee argues, “The existence of my new company, Best...

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| Read Time: < 1 minute | #Fiduciary Duty

Real Estate Disputes–Texas Breach of Fiduciary Duty Law

A recent real estate dispute sheds light on what is required to prove a breach of fiduciary duty claim in Texas. In this case, potential homebuyers contracted to buy a home for $180,000. The seller, the listing agent, the appraisal district, and the real estate agent all indicated that the home’s living area was 2722 square feet. However, the...

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| Read Time: 2 minutes | #Settlement Agreements

To Be Enforceable, Settlement Agreements in Texas Must Be Carefully Worded

A recent Texas appellate decision demonstrates the importance of ensuring that settlement agreements are properly worded. In the case, three employees of Company A left and formed Company B. Company A sued the former employees, as well as Company B, for misappropriation of trade secrets and unfair competition. As often happens in unfair competition cases, the parties entered into...

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| Read Time: 3 minutes | #Noncompete Agreements

Texas Appeals Court Reverses Denial of Temporary Injunction in Noncompete Case

Once again, a Texas appellate court sides with a company suing to enforce a noncompete agreement.  This time, the employer sued a former employee for violating a covenant prohibiting the employee for competing for three years following the termination of his employment.  Significantly, the noncompete covenant contained no geographic restriction.  It did not, for example, prohibit the employee from...

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