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When Are Online Terms Part of a Printed Agreement?
Many companies now use shorter contracts that incorporate the terms and conditions spelled out on a company’s website. It’s an efficient way to keep the terms of similar deals uniform and reduce...
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In Texas, a Court Can Rewrite Your Non-Compete For You, But It Might Cost You...
Texas courts have the authority to rewrite non-compete agreements that they find to be unreasonable. Thus, a business might be tempted to draft a broad non-compete agreement thinking that when a push...
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A Texas Court of Appeals Weighs In On The Defensive Use of The Uniform...
For plaintiffs, filing a claim for breach of contract and seeking a declaratory judgment almost always go hand in hand. What happens, however, when a party threatened with such claims beats the...
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You Can’t Have Your Cake and Eat It Too – A Texas Court of Appeals Explains...
Almost every contract now contains some sort of an arbitration clause. In fact, it is one of the first clauses an attorney looks for in an agreement when a dispute between the parties arises. This...
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Failure to Include a Trial Date In a Temporary Injunction Order to Enforce a...
A while back I wrote a post regarding the Fifth Court of Appeals reversing a temporary injunction order because it had failed to describe specifically what trade secrets and proprietary information the...
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Two More Texas Courts of Appeals Find An Arbitration Waiver In Light of...
Last November, the Dallas Court of Appeals upheld a trial court’s ruling that a party who substantially participated in litigation had waived its arbitration rights under an otherwise valid and...
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A Temporary Injunction Order Enforcing a Non-Compete Agreement in Texas Must...
All temporary injunctions in Texas must comply with Rule 683 of Texas Rules of Civil Procedure, which requires every injunctive order to “set forth the reasons for its issuance; [] be specific in...
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A Split Among Texas Courts Regarding Whether Current Employers Should be...
Last month, the Thirteenth Court of Appeals addressed the following issue: must an employer who is enforcing a non-compete agreement against a departed employee add the employee’s new employer as a...
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How Not to Draft a Non-Competition Agreement – A Lesson for Employers from a...
Leiza Dolghih Attorney, Godwin Lewis PC Earlier this month, the First Texas Court of Appeals found on a summary judgment that a non-competition agreement that covered all of Texas was unenforceable...
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Texas Allows Non-Signatories to Enforce Arbitration Agreements
Many companies prefer to resolve their business disputes through arbitration, rather than litigation, because in many cases the arbitration process is faster, cheaper, and more effective due to...
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