Archives: Non-Compete

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What is a Reasonable Geographic Area for Physician Non-Compete Agreements?

By Leiza Dolghih on March 22, 2021 Posted in Non-Compete

1. In which state the practice is located 2. Whether the practice is in a rural or urban ...

Physician Non-Compete Clauses

By Leiza Dolghih on March 1, 2021 Posted in Employment Law, Non-Compete

In the last seven years, the state legislatures around the country have been tinkering ...

Are Non-Compete Agreements Enforceable if the Employee is Terminated?

By Leiza Dolghih on February 22, 2021 Posted in Employment Law, Non-Compete

The answer depends on which state the employee is in, as each state has its own ...

Which States Allows Blue-Pencilling of Non-Compete Agreements?

By Leiza Dolghih on February 5, 2021 Posted in Non-Compete

States around the country vary in how they approach the enforcement of unreasonable ...

Non-Solicitation Agreements in Texas

By Leiza Dolghih on December 7, 2020 Posted in Employment Law, Non-Compete

In Texas, client non-solicitation agreements are subject to the same rules as non- ...

Are Courts Actually Enforcing Non-Compete Agreements During the Pandemic?

By Leiza Dolghih on November 9, 2020 Posted in Employment Law, Non-Compete

While the courts are willing to consider the hardship that enforcement of a non- ...

Enforcing Promissory Notes in Texas

By Leiza Dolghih on November 2, 2020 Posted in Non-Compete

A seller’s creative use of a promissory note recently backfired when a Texas Court ...

Non-Compete Agreements Related to a Sale of Business

By Leiza Dolghih on October 21, 2020 Posted in Non-Compete

In Texas, a 5 to 10 year non-compete agreement related to a sale of business ...

Texas Employer Ordered to Pay Healthcare Employee’s Attorney’s Fees in a Non-Compete Dispute

By Leiza Dolghih on October 15, 2020 Posted in Non-Compete

A recent decision from the Thirteenth Court of Appeals in Texas serves as a cautionary tale ...

The Fifth Circuit Rules That Title VII Does Not Apply to Non-Employees

By Leiza Dolghih on October 5, 2020 Posted in EEOC, Employment Law, Non-Compete

The plaintiff in Simmons v. UBS Financial Services, Inc., attempted to stretch the ...

How To Prevent Poaching of Your Business’s Employees

By Leiza Dolghih on September 29, 2020 Posted in Non-Compete

Many companies have been taking advantage of the economic turmoil caused ...

In Non-Compete Litigation, The Temporary Injunction Hearing Effectively IS The Trial

By Christopher McKinney on September 10, 2020 Posted in Non-Compete

The case is Calhoun v. Jack Doheny Companies, Inc. The Fifth Circuit rejected the argument ...

Why All Post-May 2016 Employment Agreements Must Include a DTSA Immunity Clause

By Leiza Dolghih on September 1, 2020 Posted in Defend Trade Secrets Act, Non-Compete, Trade Secrets

While DTSA allows any employer to bring a trade secrets misappropriation claim in ...

What Voids a Non-Compete Agreement?

By Austin TX Business Law Blog on June 22, 2020 Posted in Non-Compete

To be enforceable in Texas, a non-compete agreement must not only be ancillary ...

Can a Salary Reduction Make a Non-Compete Invalid?

By Leiza Dolghih on June 8, 2020 Posted in Employment Law, Non-Compete

A Texas Court of Appeals found that an employer who breached an employment ...

COVID-19: How Is it Going to Affect Non-Compete Litigation?

By Leiza Dolghih on May 18, 2020 Posted in COVID-19, Non-Compete

I have no crystal ball, but based on the trends that we are already seeing, here are my ...

When Do Employers Enforce Non-Compete Agreements?

By Leiza Dolghih on April 13, 2020 Posted in Employment Law, Non-Compete

Many companies in Texas have non-competition agreements with their ...

COVID-19 Texas Employer Guide – Are Non-Compete Agreements Still Enforceable?

By Leiza Dolghih on April 8, 2020 Posted in COVID-19, Employment Law, Non-Compete

Texas employers who have employees in other states or who are hiring employees ...

Top 15 Drafting Considerations for Texas Non-Competes

By Zach Wolfe on March 9, 2020 Posted in Non-Compete

1. Does your client really want or need a non-compete? This is not really a “drafting” tip ...

Texas Appellate Court Goes the Extra Mile (literally) in Non-Compete Dispute, Expands Geographic Scope of Injunction

By mary on February 20, 2020 Posted in Non-Compete

An appellate ruling from the Dallas Fifth Court of Appeals in January is an important ...

Noncompete injunction scope

By David Coale on February 3, 2020 Posted in Non-Compete

The Fifth Court gives some highly practical guidance about the enforcement of ...

Physician Non-Compete Agreements in Texas

By Leiza Dolghih on January 27, 2020 Posted in Non-Compete

Are non-compete agreements with physicians enforceable in Texas? Yes, if they are written correctly. What are the requirements for non-competes to be enforceable against physicians

Accepting Non-Compete Agreements Online – The New Norm?

By Leiza Dolghih on January 7, 2020 Posted in Employment Law, Non-Compete

An increasing number of companies are asking their employees to fill out and accept employment paperwork online through portals set up by employers precisely for

Can a Court Rewrite a Non-Compete Agreement?

By Leiza Dolghih on December 16, 2019 Posted in Non-Compete

In Texas, courts can rewrite non-compete agreements to make them more reasonable. This process is called “reformation.” There are certain statutory limitations on when, how,