Tortious Interferance

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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What is Tortious Interference Under Texas Law?

November 26, 2012 / 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 Unfair Competition Claims Can Be Asserted Even Without Enforceable Noncompete Agreement

April 1, 2011 / By Robert Wood
Articles // Tortious Interferance

Earlier this year, the Austin Court of Appeals handed down a very interesting opinion in a Texas misappropriation of trade secrets case.  This case demonstrates that even without an enforceable noncompete agreement, a Texas employer may be able to inhibit a former employee’s ability to unfairly compete or use or disclose the employer’s trade secrets….

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Tortious Interference and Prior Restraint.

August 19, 2010 / By Robert Wood
Articles // Tortious Interferance

In Texas, when can a court enjoin speech in order to prevent tortious interference from occurring? There is no easy answer to this question. However, courts generally disfavor “prior restraint”–i.e., forbidding speech even before it occurs. Thus, Texas courts have held that even speech that is false or defamatory cannot be prohibited by court order….

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Texas Unfair Competition Law: Court Rejects Tortious Interference and Participating and Assisting Breach of Fiduciary Duty Claims

July 14, 2007 / By Robert Wood
Articles // Tortious Interferance

In July 2001, Sysco, a distributor of food service products, issued a Request for Proposal (“RFP”). Among the companies that received the RFP were Mark III and BI. Mark III and BI had a business relationship that involved them sharing information and customers.  Unbeknownst to Sysco, their relationship was formalized in a written contract.  Mark III…

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Texas Tortious Interference Law: Tortious Interference with an At-Will Contract

October 21, 2006 / By Robert Wood
Articles // Tortious Interferance

In tortious interference with contract (or prospective business relations) cases, plaintiffs often contend that their contracts with customers—or employees—have been unlawfully interfered with. In many situations, the contract alleged to have been interfered with is an “at-will” contract (i.e., it is a contract that can be canceled by either party at any time, for any…

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Texas Tortious Interference with Contract Law: Tortious Interference vs. Fair Competition

October 17, 2006 / By Robert Wood
Articles // Tortious Interferance

In our free market economy, it’s a given that competition is a good thing, right? Theoretically, yes, but courts have made it clear that competition, to be lawful, must also be “fair.”  A Texas case shed some light on the difference between fair and unlawful competition. Renew Data Corporation ("Renew") provided computer forensic services for…

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Tortious Interference Overview

October 16, 2006 / By Robert Wood
Articles // Tortious Interferance

In situations in which an employee leaves one company and goes to work for another, a tortious interference claim may be asserted against the departing employee or the new employer. Tortious interference claims come in two types: tortious interference with (an existing) contract, and tortious interference with prospective business relations. A tortious interference with contract…

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