Tag Archives: Texas

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance … Continue Reading

Texas Announces Plan to Ease Restrictions and Allow Expanded Operations of Most Businesses Statewide

Citing a continued decline in the rate of hospitalizations throughout the state, Texas Gov. Greg Abbott issued a pair of executive orders on Thursday, Sept. 17, 2020, aimed at easing restrictions on businesses and hospitals throughout the state. Most notably, most businesses throughout the state will be allowed to operate at 75 percent capacity beginning … Continue Reading

Texas Judge Halts December 1 Implementation of Department of Labor’s “Overtime Final Rule”

UPDATE: As anticipated, the Department of Labor has filed its Notice of Appeal with the Fifth Circuit Court of Appeals, asserting that Judge Mazzant’s Nov. 22, 2016, Order enjoining the enforcement of the Department of Labor’s Final Overtime Rule “rests on an error of law and should be reversed.” The DOL has also requested that … Continue Reading

Sixth Circuit Differentiates Trade Secrets and Confidential Information Under Texas Law

Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected confidential information, and (3) general skills and knowledge. The Sixth Circuit reversed the district court’s ruling, which failed to distinguish between trade secrets and confidential … Continue Reading
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