Rethink Non-Competes to Keep Them Afloat During Injunctions: Texas Lawyer

Alan Bush and Lee Winkelman are routine freelance contributors for Texas Lawyer.  Their latest article, “Rethink Non-Competes to Keep Them Afloat During Injunctions,” appeared in the September 9, 2014 issue.

Beyond the merits of a non-compete, there’s a lot more to securing an injunction.  Equitable elements can make or break an enforcement action.  Here’s what Alan and Lee had to say about it:

Like the Titanic, some noncompete agreements look unsinkable. They’re enforceable and reasonable which makes a deadly duo. But sometimes a company comes up empty-handed on a bid to enforce the noncompete with an emergency injunction.

Those disasters teach valuable lessons. It’s tempting for enforcement counsel to lavish attention on the merits on the noncompete itself, only to lose track of the equities needed to get an injunction. Here are four quick lessons to avoid wrecking before and in court…

Read the full article for more.  In it, Alan and Lee lay out some practical thoughts on:

  • Evidence that can help make a court more comfortable granting an emergency injunction;
  • Inevitable disclosure doctrine and its Texas-style version; and
  • How to handle employee departures with an eye toward keeping legal options open.