Smooth Transitions

Smooth Transitions

addressing the Legal issues arising from the departure of employees & Business breakups

Category Archives: Uncategorized

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Circumstantial Evidence – Employment Claims Alive and Well in Texas

Posted in Age Discrimination, Channel 11, Dallas, EEO Claims, Hiring and Firing, HR Issues, Texas, Uncategorized, Whataburger
Yesterday’s Dallas Morning News homepage had not 1 but 2 employment related cases.  Texas icon Whataburger has been sued for alleged discriminatory hiring practices and CBS 11 has been sued for violating the ADEA when it chose to hire a younger female traffic reporter over 44 year old Tammy Dombeck.  Both cases were filed by the… Continue Reading

Don’t Steal My Employees When You Quit – the Anti-Raid Provision

Posted in Anti-Raid, Confidentiality, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets, Uncategorized
  The usual gamut of post-employment covenants includes non-compete restrictions, non-solicitation of customer restrictions, confidentiality restrictions, and in many cases the anti-raid provision designed to keep a departing employee from hiring away a former employer’s employees and contractors.  The anti-raid is not always given a lot of thought, but it should be.  Why?  Because when… Continue Reading

Overtime Rules Dead

Posted in Uncategorized
Last year I worked with a number of employers to address the Obama administrations’ new overtime rules.  Here are some posts on the subject.  Eventually a judge here in Texas (the same judge that is handling the Ezekiel Elliot lawsuit) entered an order preventing implementation of the new rules.  Then President Trump was elected and… Continue Reading

Recruiter Tips

Posted in Uncategorized
This week, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading

Avoiding the Litigation Super Highway

Posted in Uncategorized
  We know that most cases are resolved before they ever see a jury or judge at trial.  Some go the way of summary judgment. Other go the way of settlement.  After attorneys’ fees and case related fatigue parties eventually get to a position where continued litigation no longer makes sense. Most companies and others… Continue Reading

Trade Secret Theft – By Lawyers

Posted in Injunction, Non-Compete Agreements, Recent Cases, Uncategorized
    A couple of weeks ago we wrote about the rationale behind why Texas lawyers aren’t subject to non-compete agreements.  That said, generally lawyers aren’t permitted to compete with their current law firm/employer while still employed.  That seems pretty basic.  Imagine this fact pattern pulled from the allegations from the above lawsuit: Lawyer works… Continue Reading

How to Handle a Firing

Posted in Hiring and Firing, HR Issues, Uncategorized
  From an employer’s perspective the firing of an employee is hopefully the culmination of a deliberative process and compliance with the company’s policies and procedures.  It is the ultimate adverse employment action and everything that is said and done may be put under the microscope by an employee’s lawyer, EEOC, or Texas Commission on… Continue Reading

Nothing Like A Hair Stylist Non-Compete Case

Posted in HR Issues, Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Recent Cases, Uncategorized
The details are slim from a recent article from the New York Post about a $3 million dollar non-compete/breach of contract case against a New York City hair stylist.  What we know: Stylist Annie Rush worked at the salon for 6 years; Apparently she is alleged to have signed a 1 year non-compete (that is… Continue Reading

Recruiter Tips

Posted in Uncategorized
Today, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading

Utah Leads the Way on Non-Compete Legislation

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Uncategorized
  I went to school in Utah and manage to ski up there every so often.  That’s a picture of my son and I in December.  Recently I ran accross an article  breaking down changes to Utah’s and Idaho’s non-compete laws.  The Utah statute really grabbed my attention.  The highlights: (1) non-competes can only last… Continue Reading

My Attorneys’ Fees Please (Texas Trade Secrets)

Posted in Trade Secrets, Trial and Pre-Trial Procedure, Uncategorized
  Inevitably whenever I talk with a client there is always the discussion about attorneys’ fees and how to get the other side to pay them.  The unfortunate reality is there are very limited circumstances where attorneys’ fees are recoverable.  The US has the “American Rule” which generally means that each party pays their fees.… Continue Reading

2016 Arbitration Clause Thoughts

Posted in Uncategorized
  I spent most of last week in a construction arbitration.  It got me to thinking about drafting arbitration clauses, be it in the employment or any context.  A few years ago I wrote an article on what I would consider in preparing an agreement.  The suggestions included: A requirement that the case be disposed… Continue Reading

You want to exclude my client from the courtroom?

Posted in Injunction, Recent Cases, Trade Secrets, Trial and Pre-Trial Procedure, Uncategorized
Imagine you are int he courtroom with your lawyer in a trade secret lawsuit.  Your company is accused of stealing trade secrets from a competitor.  Then imagine the Judge tells you you have to leave the courtroom because the other side does not want yout to hear what its trade secrets are.  This issue (though… Continue Reading

Texas Hand Gun Talk

Posted in HR Issues, Uncategorized
  A few months ago I highlighted the ins and outs of the new Texas Open Carry law here.  The short of it is Texas’ businesses need to strictly follow the open carry and conceal carry notice provisions if they want to prevent folks from bringing guns into their place of business.  That means two… Continue Reading

Sarkisian Sues USC

Posted in Hiring and Firing, HR Issues, Uncategorized
  A few weeks ago we discussed the firing of former USC football coach Steve Sarkisian.  Since then Sarkisan has filed his own lawsuit in California state court.  Deadspin has a great breakdown of the lawsuit and the lawsuit itself.  Sarkisian asserts he is an alcholic and USC failed to work with him with respect… Continue Reading

The Fan Duel Update

Posted in Injunction, Recent Cases, Uncategorized
A few weeks ago we touched on the “insider trading” that was going on at the fantasy sites Fan Duel and Draft Kings.  It ended up being the subject of a Republican Debate and then the  the New York Attorney General got involved.  He claims the websites are nothing but betting and it trying to… Continue Reading
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