Smooth Transitions

Smooth Transitions

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

Tag Archives: Texas

NY Times Non-Compete Article

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets
I don’t think I’ve ever dedicated a post to a newspaper article but a recent New York Times article entitled “How Noncompete Clauses Keep Workers Locked In” does a great job addressing the human toll of non-competes.  Here is a link to the article.  The article is generally anti-non-compete when it comes to lower paid… Continue Reading

Why Texas lawyers aren’t subject to non-competes.

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements
  Quite often I have lawyer friends ask me why Texas lawyers (and lawyers from other states) aren’t the subject of non-competes?  There aren’t really any cases that I’ve run across on the subject, which sometimes is an indicator that law firms aren’t trying to enforce them.  The answer is not that complicated. Queue Texas… Continue Reading

EEOC’s 2016 Stats in Texas

Posted in HR Issues
  As a lawyer who frequently deals with EEOC charges/responses the EEOC’s yearly statistics always provide some interesting information on what folks are filing claims over these days.  Here is a link to a state by state breakdown of claims in 2016.  So what were some key Texas numbers?  Here are a few: 9,308 Total… 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

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

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

The Fifth Circuit Chimes In on Inevitable Disclosure

Posted in Recent Cases, Trade Secrets, Trial and Pre-Trial Procedure, Uncategorized
We’ve discussed the inevitable disclosure doctrine in previous posts.  It’s a powerful claim and whether adoption of the uniform trade secrets act makes it viable in Texas remains to be seen.   What is it?  Assume that in your prior job you were exposed to certain trade secrets of your employer that you would “inevitably” use in… Continue Reading

Non-Compete Legislation – The Jimmy John’s Backlash

Posted in Non-Compete Agreements, Non-Solicitation Agreements
When news of the Jimmy John’s non-compete came out last October my concern was the impact it would have on businesses with legitimate non-competes.  There is always a populist theme that is anti-non-compete.  Employees should be able to come and go as they please and a non-compete agreement prevents that.  “Bad” non-competes undermine “good” non-competes.  There… Continue Reading

Respect for a Well Written Non-Compete

Posted in Non-Compete Agreements
I really enjoyed an article about Madison, Wisconsin based Epic Systems’s non-compete agreement and the comments of those former employees who were abiding by it.  There was some scuttlebutt about whether Epic was going to extend the term from 1 to 2 years.  Epic is big in the healthcare IT world and its ex-employees go… Continue Reading

Is Texas Non-Compete Legislation on the horizon?

Posted in Non-Compete Agreements
  If you follow the ups and downs of non-competes across the country you’ll note that there is a populist fervor in favor of banning non-competes in some states including Massachusetts.  The argument generally goes that non-competes stifle innovation and of course prohibit an employees’ ability to move elsewhere (which is true).  California has essentially… Continue Reading

TRO Tips/Thoughts

Posted in Injunction
           Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences: Hopefully the other side is represented by counsel – Despite popular belief the ex parte TRO is in many instances much harder to get than one where the other side is represented by counsel. It’s just easier when… Continue Reading

Texas Non-Competes in 2014

Posted in Non-Compete Agreements
                              Not Much in 2013 I kind of feel like a broken record when it comes to Texas non-compete development over the last few years. Since the Marsh opinion I have been anticipating more significant developments in the non-compete and post-employment covenant world as employers attempt to use different types of consideration as… Continue Reading

2013 & Recruiters

Posted in Placement Professionals
The more things change… The old adage goes that the more things change the more they stay the same. For Texas placement professionals there have been no landmark cases or significant changes in the law this year, but the standard issues remain and have become more magnified in the areas of post-employment covenants and the… Continue Reading

Texas Arbitration – How much is too much?

Posted in Arbitration
                          Sometimes parties ignore arbitration provisions… We’ve talked here previously about the pros and cons of arbitration and alternatives to arbitration such as jury trial waivers. That determination is really tied to the type of disputes an employer might have, the frequency of disputes, and other circumstances that are subjective. Believe it or not there… Continue Reading

Employees Posing For Playboy – What to do?

Posted in HR Issues
My friend Jon Hyman has a great discussion over on his Ohio Employer’s Law Blog about the firing of an employee over appearing in Playboy.  The employee claimed the employer gave her permission to do so, but she was fired anyway. Here in Dallas, we have a situation where a newly hired school teacher appeared… Continue Reading

Texas Employers and the Trade Secrets Act

Posted in Trade Secrets
                          At the beginning of the September, the State of Texas followed the majority of other states becoming the 48th to adopt a version of the uniform trade secrets act. So the question becomes, why does this matter to my business or in the context of the employee/employer relationship? Though the instances where true “trade… Continue Reading

The Non-Compete Is An Employment Prenup

Posted in Non-Compete Agreements
                     I really liked Steve Boese’s article on non-competes in the fistful of talent recruiting blog.  Steve considers the non-compete as HR’s equivalent to a prenuptial agreement.  Steve also hit on what is most effective about a non-compete whether it is enforceable or not: Just the threat of potential legal action and the leverage a… Continue Reading

Non-Competes – Can I get my attorneys’ fees?

Posted in Non-Compete Agreements
  A few weeks ago, we discussed realities of recovery of attorney’s fees in litigation. This post attempts to narrow that focus on post employment covenants.  Under Texas Law, a party can recover its reasonable and necessary attorney’s fees for a breach of contract under Texas Civil Practice and Remedies section 38.001. A non-compete agreement… Continue Reading
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