Just a few random thoughts on Non-Compete/Non-Solicit TROs after some recent experiences:

  1. Hopefully the other side is represented by counsel – Despite popular belief the ex parte TRO is in many instances much harder to get than one where the other side is represented by counsel. It’s just easier when


Last week I had the opportunity to speak to the Dallas-Fort Worth Recruiters Network about non-compete agreements. One of the questions that came up was what type of fees should a litigant who is either trying to enforce or defend a non-compete anticipate? Though an exact dollar amount will vary based

As I have mentioned here previously I am an avid cyclist and triathlete.  The most polarizing figure in both sports right now is Lance Armstrong. The United States Anti-Doping Agency has asserted doping claims against Armstrong and others.  At risk are Lance’s seven Tour de France wins, the right to continue in the sport of




In Texas a party seeking a temporary restraining order can do so ex parte – without the presence of the other side. In Dallas, most cases require that Plaintiff seeking the TRO provide the other side with the actual pleadings and a proposed Temporary Restraining Order two hours before any hearing.


When the

Last year we profiled the TEKSystems v. Hammernik case that was filed in the United States District Court for the District of Minnesota.  The case was significant because it was one of the first where a Plaintiff seeking a temporary injunction used communications from social media (LinkedIn) as evidence of a non-solicit violation. 


A recent non-compete/injunction opinion was delivered by Judge Marcia Cooke who presides in the Southern District of Florida.  The opinion deals with the departure of a California wine executive to another competitor. It addresses many of the issues addressed in this blog under Florida law including choice of law issues, whether customer information is


#1: Employers can’t enforce non-competes when they terminated the employee.

Wrong – Assuming the non-compete satisfies Texas law, it can survive termination or resignation.  Most agreements will spell this out in the agreement, some do not.  (Now of course this also assumes the firing was legal, i.e., not based on race, national origin


The difference between equitable claims and legal claims goes back hundreds of years when there were essentially 2 different courts depending upon the relief sought.  District courts and county courts in Texas can award both equitable and legal relief.  So what does that mean?

A claim for injunctive relief is equitable.  Also, a