Smooth Transitions

Smooth Transitions

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

Category Archives: Trial and Pre-Trial Procedure

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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

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 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

Top 10 From Texas Non-Compete Camp

Posted in Arbitration, Confidentiality, Non-Compete Agreements, Non-Solicitation Agreements, Presentations, Trade Secrets, Trial and Pre-Trial Procedure
Last week I had the privilege of speaking and attending the Texas Non-Compete Camp put on by UT LAW CLE and Mike Maslanka.  There were a number of great lawyers there addressing topics ranging from whether to sue the new employer of a former employee to ethical considerations of representing both the employee and employer.… Continue Reading

5 Injunction Non-Compete Lessons

Posted in Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets, Trial and Pre-Trial Procedure, Uncategorized
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: Signed Agreements – Make sure the non-compete agreements at issue are signed.  Some companies have their employees execute agreements on line… Continue Reading

FitBit Data, Apple watches, what’s next in terms of possible evidence?

Posted in Trial and Pre-Trial Procedure, Uncategorized
  A few years ago there was much discussion about the use of social media evidence in lawsuits.  The use continues and ranges from criminal prosecutions through non-compete disputes.  It’s amazing what will people will put in the public domain and gives social media can provide strong, sometimes permanent, information about whereabouts, communications, and even… Continue Reading

Dallas Bar Trial Skills Section – Friday the 13th!

Posted in Trial and Pre-Trial Procedure
                                   If you have some time, come on down to this Friday’s Dallas Bar Trial Skills Section meeting at noon in the Belo Mansion.  I will be moderating a panel on expert witness practice.  We have a great group including lawyers Alicia Curran, Don Swain, Jason Copling, and expert Karl Weisheit.    … Continue Reading

Depositions without Lawsuits in Texas

Posted in Trial and Pre-Trial Procedure
Potential litigants in Texas can always consider the pre-suit deposition under Texas Rules of Civil Procedure 202  as a precursor to the filing of a lawsuit. The 202 petition, which is available in Texas state court, permits a party to take a deposition to investigate either potential claims or in anticipation of a potential lawsuit.  The… Continue Reading

The Upside of a Trial?

Posted in Trial and Pre-Trial Procedure
             Last week we talked about the considerations, frankly negative considerations, employers and business owners should consider before they go to trial. That post raises the following question: What, if any benefit is there to a trial for a company? Frankly, I am not sure there are any, unless demands made by the Plaintiff are so… Continue Reading

Picking a Jury: The Jury Questionnaire

Posted in Trial and Pre-Trial Procedure
During today’s Dallas Bar Association Trial Skills Section meeting Lisa Blue gave a great presentation on picking a jury.  Here is the questionnaire (.pdf) she provided for potential jurors.  Picking a jury is challenging for any lawyer.  Being armed with more information about your prospective jury could make voire dire (jury questioning) more focused.… Continue Reading