Smooth Transitions
"Addressing legal issues arising from the arrival and departure of employees."
Author: Robert K. Radcliff practices at Gruber Hurst Johansen & Hail in Dallas.
Blawg Related Categories: Labor & Employment • Solo / Small Firm
Recent Posts from Smooth Transitions
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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:…
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The Texas Supreme Court on Electronic Discovery
While I don't often discuss cases on Texas procedure, In Re Weekly Homes, which was published on August 28, 2009 is worth comment. Prior to Weekly Homes there had been no guidance from the Texas Supreme…
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The Granny Test for Twitter
Over the past few months Twitter has exploded. It's everywhere, from Best Buy advertisements to Lance Armstrong's updates during the Tour de France. Twitter has 23 million users and 54% of Fortune 100…