Smooth Transitions

Recent Posts from Smooth Transitions

• Larry Johnson Update

                                                          An update on Larry Johnson:  He's found refuge with the team of last resort, the Cincinnati Bengals.  A good question was raised in response to the Larry Johnson post last week: Would incidents…

• Tweeting Yourself Out of a Job: The Larry Johnson Story

                                          Most people wouldn't mind the life of an NFL running back.  Get paid millions of dollars to play a game.  Larry Johnson was a number 1 draft pick of the Kansas City Chiefs in…

• Courtroom Observations: Non-Compete TROs.

                                                  Over the last few weeks I've been involved in defending and applying for temporary restraining orders in non-compete/trade secret cases in Houston and Dallas County District Courts.  A few observations on those proceedings: It…

• Second Circuit Denies IBM Non-Compete Appeal

                                             In July we discussed IBM's non-compete case against former director David Johnson.  The trial court denied IBM's injunction and IBM appealed to the Second Circuit.  The Second Circuit denied IBM's appeal.  The summary order addressed…

• Is your covenant for personal services?

                       The Texas non-compete statute reverses the burden of proof in certain limited situations: If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal…

• Coffee Wars

                                           On October 3rd, Starbucks determined through an Internet search that former senior vice-president Paul Twohig had accepted a position with rival Dunkin Donuts.  In response Starbucks filed a lawsuit in Seattle seeking to enforce the18…

• The Equity Defense

                                                  The difference between equitable claims and legal claims goes back hundreds of years when there were essentially 2 different courts depending upon the relief sought.  District courts and county courts in Texas can…

• The Phone Book Defense

                                                As discussed previously, in some situations Texas courts will afford customer lists trade secret protection.  In most non-solicit/non-compete cases, the departing employee doesn't walk out with the company customer list.  In some cases that…

• Shareholder Disputes: Requests for Books and Records

                                         Over the next few weeks you may notice some changes to this blog as it expands to cover topics related to Texas business breakups.  This will cover shareholder disputes, partnership disputes, and other disputes involving…

• The Man Signed a Contract

  An update on Robert McCann's lawsuit challenging a non-compete agreement he entered into with Merrill Lynch.  McCann wants to work for UBS, but BofA won't let him.  BofA lawyer Steven M. Kayman's take on the lawsuit:…