Articles

Texas Temporary Injunction Law: Fact-Specific Inquiries

December 20, 2012 / By Robert Wood
Articles // Non Compete Agreements in Texas

Whether an injunction should issue in a particular case involves a fact-intensive analysis.  A recent opinion by the Dallas Court of Appeals demonstrates how the courts may conduct this analysis in cases involving claims for misappropriation of trade secrets and violations of the Texas Theft Liability Act.   A broker/dealer investment services company hired an employee…

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Usurpation of Corporate Opportunity in Texas

December 18, 2012 / By Robert Wood
Articles // Breach of Fiduciary Duty in Texas

 What constitutes “usurpation of corporate opportunity”?  There is no clear answer.   However, an opinion by the Texarkana Court of Appeals is instructive.     During merger negotiations, the company’s Chief Financial Officer (who was also a director and stockholder in the company) and another director/stockholder agreed that the CFO would waive an important provision…

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Tortious Interference and Breach of Contract in Texas

December 17, 2012 / By Robert Wood
Articles // Tortious Interferance

 A recent opinion by the Dallas Court of Appeals demonstrates that conduct in violation of an employment agreement may also constitute tortious interference.    In that case, two companies provided in-home nursing care for seriously ill pediatric patients.  Several employees of Company A went to work for Company B, including the Chief Operating Officer, a…

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Who is a fiduciary under Texas law?

/ By Robert Wood
Articles // Breach of Fiduciary Duty in Texas

As a recent opinion by the Fifth Circuit indicates, an employment agreement that provides that all work product created by the employee becomes the property of the employer may give rise to a fiduciary relationship between the employee and employer. In that opinion, a company entered into an employment agreement with a chemist. The contract…

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What is Tortious Interference Under Texas Law?

/ By Robert Wood
Articles // Tortious Interferance

A recent opinion by the Dallas Court of Appeals demonstrates that merely inducing a party to a contract to do something that it is permitted to do under the contract generally cannot, standing alone, constitute tortious interference. In that case, a bank held a piece of real property in trust. A partnership executed a contract…

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Texas Noncompete Agreements: Not Always Enforceable, Even After Marsh USA

November 9, 2012 / By Robert Wood
Articles // Non Compete Agreements in Texas

Even after the Marsh USA case, some noncompete agreements are still unenforceable in Texas.  In a recent opinion by the Texarkana Court of Appeals, the noncompete agreement stated as follows:  I agree not to seek employment on a temporary, contract or permanent basis at any company where introduced by Hiring Partners, Inc. for a period…

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