There is an interesting case that recently came out of the Dallas Court of Appeals regarding an attorney’s obligation to disclose the existence of a non-compete when he was preparing an independent contract agreement. If
More Thoughts on Arbitrating Non-Competes
Last week we considered the implications of the Supreme Court’s recent non-compete opinion. A few additional thoughts on the pros/cons of arbitrating non-competes:
- The majority of non-compete or non-solicit cases will resolve themselves at the temporary restraining order or temporary
Should Employers Arbitrate Non-Compete Claims?
Employers generally like to include arbitration agreements in their employment agreements because it keeps them out of court and away from juries. There are pluses and minuses when it comes to arbitration that we have discussed previously. Some arbitration agreements also apply to enforcement of non-compete, non-solicit, and other post-employment covenants. The United
One Year After Marsh and No Non-Compete Answers
We are coming up upon the one year anniversary of the Marsh v. Cook decision where the Texas Supreme Court altered the non-compete playing field in favor of Texas employers, again. In Marsh, the Court held that stock options could serve as the basis for a non-compete agreement and that the traditional trade secretes/training/proprietary
Jury Waivers Anyone?
To Jury or Not to Jury
It is always interesting to hear people talk about the runaway jury and risks of letting a jury determine the fate of a business/employer. Most jury members, like most people, are not employers but are employees. It’s a fair statement that they are likely to have some bias against the employer whether they admit it
Wow! – Stock Options Can Support a Non-Compete
Today the Texas Supreme Court again made non-compete agreements easier to enforce in the state of Texas. In Marsh USA v. Cook, the Texas Supreme Court ruled that a stock option agreement could serve as the basis for a non-compete:
The stock options are reasonably related to the protection of this business goodwill.
Employee Text Messages – No Guidance from the Supremes?
Back in April I addressed the Supreme Court’s review of City of Ontario, California v. Quon et al and the implications it might have on employer access and review of employee electronic communications. A few weeks ago the Court’s opinion was delivered and did little to shed light on the Court’s view of privacy rights in text messages
Privacy Fights: Who owns your text message?
You’ve probably seen friends, coworkers, family members, and strangers glued to their "smart phone" of choice as if it is somehow an appendage. The use/addiction to these items is increasing as we become more and more mobile. A couple of interesting stats courtesy of CNN:
A Pew study found in January that
Arbitration Follow Up
In a previous entry I addressed the Fifth Circuit Court of Appeals’ recent ruling making arbitration awards virtually impossible to appeal in Citigroup Global Markets Inc. v. Bacon.
A few weeks later, the U.S. Supreme Court upheld an arbitration agreement that required employees who were parties to a collective bargaining agreement to arbitrate
Recording Phone Calls & Polygraph Testing
Recording phone conversations.
One issue that I frequently receive questions about is whether it’s permissible to record phone conversations that you are a party to? The answer varies from state to state. In the absence of more restrictive state law, federal law permits an individual who is a party to the telephone conversation to record