Many businesses have a list of vendors or suppliers they routinely use in the course of business. This list of vendors is often compiled after years of effort and references the vendors that the business knows to sell high quality products at a good value. Arguably, this information is a trade secret because it could only have been discovered after many years...
Continue ReadingIn recent years, Texas courts have shown support for the employer’s use of non-compete agreements. The courts have done so by finding certain requirements of enforceability implied in non-compete agreements in some circumstances. Despite this trend, in June 2015, the federal appellate court that covers Texas ruled that a duty to keep information confidential cannot be assumed into a...
Continue ReadingA 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...
Continue ReadingChoice 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...
Continue ReadingTemporary 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...
Continue ReadingAs 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...
Continue ReadingOver 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...
Continue ReadingIt 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...
Continue ReadingMany 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...
Continue ReadingEmployees 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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