There is a good article from the Houston Chronicle this week outlining a non-compete dispute between two former compensation consultants and their former employer.  The facts are pretty standard fare for this type of dispute:

  • professionals have some type of non-compete agreement with former employer;
  • former employer finds out professionals are leaving in violation

For the last few months I’ve been involved in a number of temporary restraining order/preliminary injunction cases in state and federal courts in a number of different industries/professions. Some general reminders/lessons from non-compete/non-solicit fights:

  1. Signed Agreements – Make sure the non-compete agreements at issue are signed.  Some companies have their employees execute agreements on line

It’s been 3 and a half  years since the Marsh opinion that redefined what could constitute consideration for a Texas non-compete and courts have bee relatively quiet on non-competes since then.   That’s not surprising from the Texas Supreme Court as Marsh was the third of a trilogy of opinions dealing with the subject.  Appellate courts

Original Complaint Filed by Amazon
Original Complaint Filed by Amazon

In Seattle, former Amazon Web Services Strategic Partnership Manager Zoltan Szabadi was sued by Amazon for violation of his non-compete agreement.  Szabadi is now with Google in their cloud platform business.  The lawsuit alleges:

Szabadi was directly and integrally involved with the marketing of Amazon’s cloud

          

Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences:

  1. 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

        

Last week I had the opportunity to speak to the Dallas-Fort Worth Recruiters Network about non-compete agreements. One of the questions that came up was what type of fees should a litigant who is either trying to enforce or defend a non-compete anticipate? Though an exact dollar amount will vary based

As I have mentioned here previously I am an avid cyclist and triathlete.  The most polarizing figure in both sports right now is Lance Armstrong. The United States Anti-Doping Agency has asserted doping claims against Armstrong and others.  At risk are Lance’s seven Tour de France wins, the right to continue in the sport of

 

                         

 

In Texas a party seeking a temporary restraining order can do so ex parte – without the presence of the other side. In Dallas, most cases require that Plaintiff seeking the TRO provide the other side with the actual pleadings and a proposed Temporary Restraining Order two hours before any hearing.

 

When the

Last year we profiled the TEKSystems v. Hammernik case that was filed in the United States District Court for the District of Minnesota.  The case was significant because it was one of the first where a Plaintiff seeking a temporary injunction used communications from social media (LinkedIn) as evidence of a non-solicit violation. 

                                          

A recent non-compete/injunction opinion was delivered by Judge Marcia Cooke who presides in the Southern District of Florida.  The opinion deals with the departure of a California wine executive to another competitor. It addresses many of the issues addressed in this blog under Florida law including choice of law issues, whether customer information is