Non-Compete Issues

With the changing nature of the work force and increased reliance on technology, well-drafted non-compete and non-solicitation covenants are important to protect a company’s confidential information and customer relationships. We represent clients in both the creation and enforcement of these critical covenants.

Advice and Planning

Working closely with clients, we draft practical solutions to safeguard their customer bases, trade secrets, and confidential information. We regularly draft employment agreements that include covenants not to compete and covenants not to solicit customers and employees, as well as restrictive covenants when assisting in the negotiation of complex executive compensation agreements, equity plans, and retention agreements. When an employee with valuable information departs a company, we quickly evaluate the employer’s rights, formulate a strategy to minimize the risk, and counsel on effectively communicating with the remaining employees. We also offer advice on best practices in hiring employees who may be subject to restrictive covenants. Our significant experience in litigating covenants not to compete strengthens the practical advice and solution strategies we offer clients before crisis strikes, to best protect them from potential fallout.

Litigation of Non-Compete Covenants

Non-compete laws not only vary by state, but their interpretation is also highly dependent on the locality of the jurisdiction and the particular judge or appellate court where the case is filed. Our Texas-based attorneys know the different localities, and given the firm’s rich experience of litigation, are able to strategically advise clients on the subtleties of different venues and judges in Texas. As a full-service firm, our attorneys are also able to call on experienced attorneys in relevant practice areas such as Intellectual Property, eDiscovery, Antitrust, and Corporate. This multi-disciplinary approach provides our clients with a superior advantage over “boutique” firms limited to a single area of focus.

Practice Category

  • Drafting of non-compete covenants and ancillary provisions regarding confidential information, trade secrets, and use of employer technology
  • Advising clients on prudent approaches to hiring employees who may be subject to restrictive covenants
  • Defending clients on temporary restraining orders, temporary injunctions, and litigation of covenants not to compete