By Rob Radcliff on Posted in Injunction,Non-Compete Agreements,Recent Cases Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a… Continue Reading
By Rob Radcliff on Posted in Recent Cases,Trial and Pre-Trial Procedure What if I told you that it was possible to get a general feeling as to what a jury would do with your case in the space of a day or two prior to dedicating several weeks and lots of money to a trial? You’d probably want to know more. Lawyers use mock trials or… Continue Reading
By Rob Radcliff on 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
By Rob Radcliff on Posted in Injunction,Recent Cases,UncategorizedA 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
By Rob Radcliff on Posted in Recent Cases,Trade Secrets,Trial and Pre-Trial Procedure,UncategorizedWe’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
By Rob Radcliff on Posted in HR Issues,Recent CasesA few weeks ago I placed an order with Amazon Prime and selected the option for same day delivery. As promised, my order arrived late that afternoon. To my surprise the delivery was made by a driver in what appeared to be their own private vehicle. It was not a UPS or USPS truck. It turns… Continue Reading
By Rob Radcliff on Posted in Recent Cases,Trial and Pre-Trial Procedure Frequently when I counsel a minority shareholder about their rights I tell them what they already know – “they are along for the ride”. What does that mean? That as long as the other (controlling) shareholders don’t violate the law or their shareholder agreements, there is little a minority shareholder can do about it.… Continue Reading
By Rob Radcliff on Posted in Executive Compensation,Hiring and Firing,Recent CasesSunday night was the midseason finale of Mad Men. It’s always hard to stick with a television series for more then a few seasons, at least for me. Mad Men has been no different but I still follow along into season 7. The trials and tribulations of Don Draper have been fascinating coupled with the… Continue Reading
By Rob Radcliff on 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
By Rob Radcliff on Posted in Recent CasesHappy Holidays to you and your family. Below are a few of my favorite deposition clips: This back and forth is priceless: The masked man deposition: My all time favorite with Texas legend Joe Jamail: … Continue Reading
By Rob Radcliff on 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
By Rob Radcliff on 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
By Rob Radcliff on 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
