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

 

                         

 

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

                         

#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,