Smooth Transitions

Smooth Transitions

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

Category Archives: Recent Cases

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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

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

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

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

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

Breaking Down the Texas Non-Compete Case

Posted in Executive Compensation, Hiring and Firing, Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Recent Cases
  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… Continue Reading

New Dallas Non-Compete Case

Posted in Recent Cases
                                             A recent non-solicit case out of the Fifth District Court of Appeals in Dallas addressed the trial court’s denial of an injunction.  The Facts The Defendants were both employed by Jon Scott Salon as hairstylists. They signed Employment Agreements that contained several covenants addressing confidential information and the non-solicitation of clients after termination. After resigning… Continue Reading

There’s A Lawsuit for That

Posted in Recent Cases
                                  Verizon and AT&T nonsuited lawsuits pending in New York and Atlanta today which largely stemmed over the companies’ respective 3G phone service.  Verizon filed a declaratory judgment lawsuit in July requesting a New York court to find Verizon’s claim that its 3G network was the most reliable was accurate.   AT&T filed a lawsuit in November claiming Verizon’s "There’s a A Map for That" ad campaign was misleading. … Continue Reading

The Texas Supreme Court on Electronic Discovery

Posted in Recent Cases
                                           While I don’t often discuss cases on Texas procedure, In Re Weekly Homes, which was published on August 28, 2009 is worth comment.  Prior to Weekly Homes there had been no guidance from the Texas Supreme Court on electronic discovery and little discussion by Texas intermediate appellate courts.  The opinion addresses a request by a party to… Continue Reading

Massey Coal: What does it mean for Texas?

Posted in Recent Cases
                                           I’ll let the constitutional law scholars breakdown the Supreme Court’s ruling in Massey Coal from Monday, but here is a synopsis from the Wall Street Journal Law Blog: In a nutshell, the court ruled Monday that a West Virginia justice shouldn’t have participated in state court decisions overturning a $50 million judgment against Massey Coal,… Continue Reading