We need to reset the way we consider non-compete duration and scope. Instead of conceptualizing the duration of a non-compete in terms of “how long” the better approach is “how short.” The same is true for the subject matter of the non-compete – make it narrow. What is the objective of a well written
As the New Year begins a couple of things to consider:
Employers don’t spend enough time considering their non-competes. That’s an overly broad statement, but it is usually the rule not the exception. The reason that happens kind of makes sense. Most employers haven’t been down the road of enforcing a non-compete. The provision at issue may be a one-off that’s included in one employment agreement
Over the past few months we’ve been tracking the interplay between various Texas cities (San Antonio – Dallas – Austin) and the Texas legislature. The aforementioned city councils adopted in similar form and fashion mandatory leave policies for employees within city limits. The Dallas version provides for the following:
Following a number of other cities in Texas including Austin and San Antonio, the Dallas City Council approved an ordinance requiring paid sick leave for Dallas employees. The highlights of the ordinance:
I remember when I was a younger lawyer the difficulty I had with clients settling lawsuits that factually and legally had little merit. I remember the partner I worked for telling me that was the cost of doing business. While I knew he was right that comment still bothers me to this day. But the
For some time Texas has been a hot market for lawyers. Big firms from other parts of the country who want to shop here not surprisingly will hire lawyers from other big firms that are already here. Many of the partners in these firms have notice provisions in their partnership agreements that require them to provide notice to their firm of their departure. A recent Texas Lawyer article highlighted the issue:
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Tomorrow, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips:
Whenever I draft or review an employment agreement (or for that matter any contract) one of the first things I look for is a venue provision. Usually there is one, but if not you fall back on the laws of the state the party would like to bring suit in to see if venue works. There is nothing that will take the steam out of a lawsuit then the contention it was filed in the wrong place. Drafting tip – make sure there is a venue provision.
So, assuming there is a venue provision it’s likely there is a choice of law provision as well. Often times the venue provision will require an employee to agree to venue in the state/city where the employer is located. The idea from the employer’s standpoint is it would rather enforce its agreements in the place where it is located and in most cases under the same laws. The provision will look something like this: