Smooth Transitions

Smooth Transitions

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

Category Archives: Injunction

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Non-Compete Enforcement Tips

Posted in Injunction, Non-Compete Agreements, Trade Secrets
                      I liked Jay Shepherds’ remarks in Eight Ways to Lose a Non-Compete Case blog entry.    Here they are with my thoughts in italics: Putting too much faith in the belief that the court will enforce the language of the non-compete agreement as written. Trying to enforce a non-compete against employees who really don’t… Continue Reading

Non-Disparagement Clauses

Posted in Injunction, Non-Disparagement, Sports
Joe Torre’s recent memoir concerning his stint with the Bronx Bombers has prompted some in Yankee circles to suggest the need for non-disparagement clauses for players and managers.  Typically, non-disparagement clauses appear in settlement and severance agreements.  The idea is that in exchange for money a former employee will not bad mouth his or her… Continue Reading

The Inevitable Disclosure of Trade Secrets Under Texas Law

Posted in Injunction, Non-Compete Agreements, Trade Secrets
Commentators have described inevitable disclosure as the following: There are circumstances in which trade secrets inevitably will be used or disclosed, even if the defendant swears that he or she will keep the information confidential. Courts applying the doctrine have differed over its reach and the circumstances required for its application, but, generally speaking, the… Continue Reading

Injunctions and the NFL

Posted in Injunction
The use of injunctive relief has been discussed at length in this blog. Last week a federal judge in Minnesota issued an injunction preventing the National Football League from suspending several players for violation of its anti-doping policy including New Orleans Saint Deuce McAllister (pictured right). Until further ruling from the Court, McAllister and the… Continue Reading