Texas Non-Compete and Non-Solicit Agreements

Ethics Clawback Policy: Backstop to Lost Profits in a Trade Secret Fight

Ethics Clawback Policy: Backstop to Lost Profits in a Trade Secret Fight

When an employee goes Benedict Arnold and defects with a jump drive (or DropBox account) full of your trade secrets, you know what you want – an injunction to stop him from using your secrets against you, along with money damages from both the ex-employee and his new employer.

But taking a court judgment for your lost profits isn’t always a lock. That’s one reason why ethics clawback policies deserve a close look.

Spring Accounting Expo: Overtime Compliance for CPA’s and Finance Execs

Spring Accounting Expo:  Overtime Compliance for CPA’s and Finance Execs

Alan Bush often speaks at seminars for business leaders – such as line executives, finance executives, human resource professionals, CPA’s and lawyers.  You can hear Alan at:

Spring Accounting Expo | Houston CPA Society

Overtime Compliance for CPA’s and Finance Execs

May 18, 2015

Energy Law Symposium: Trade Secret and Overtime Pay Lessons from the Oil Patch

Energy Law Symposium: Trade Secret and Overtime Pay Lessons from the Oil Patch

Alan Bush often speaks at seminars for business leaders – such as line executives, finance executives, human resource professionals, CPA’s and lawyers. You can hear Alan at:

Energy Law Symposium | Texas A&M Law Review
Trade Secret and Overtime Pay Lessons from the Oil Patch 
April 2, 2015

HR Southwest: Tapping A Competitor's Talent Pool

speaking at button (speaker180x100) Alan Bush often speaks at seminars for business leaders—such as line executives, finance executives, human resource professionals, CPA’s and lawyers.  You can hear Alan at:

HR Southwest | SHRM Conference for the Southwest US

Tapping A Competitor's Talent Pool

October 21, 2013

Non-competes are common in your industry.  Those agreements now have teeth—thanks to some recent cases.  How can you hire experienced workers from your competition and stay out of court?  Should you ask your folks to sign non-competes too?  We’ll talk it out.

When: 1:15 – 2:45p

Where: Fort Worth Convention Center

RSVP: hrsouthwest.com

Texas Lawyer: Top 5 Mistakes Made by New In-House Counsel

Top 5 mistakes_001

Texas Lawyer has signed up Alan Bush as a freelance contributor.  His latest article, "Top 5 Mistakes Made by New In-House Counsel," appeared in In-House Texas pullout on August 5.

Here's what Alan had to say about the common blind-side risks that in-house counsel faces in handling HR matters:

Hindsight is 20/20.  When a lawsuit is done, I do an after-action report to look for lessons learned.  I've always found at least one thing I'll do differently next time.

External counsel, like me, has an unfair advantage to also look back on what our clients did before we jumped in.  We can see how an in-house counsel's early moves with an HR matter impact a company's position in litigation.  Some HR issues can slip past in-house counsel new to handling them.  These are blind-side risks.  Let's take a moment — without laying blame — to highlight five of those risks...

Read full article for more.  In it, Alan lays out some practical thoughts on missteps in:

  • Putting compliance ahead of business;
  • Neglecting a dispute resolution plan;
  • Bad-mouthing an opponent;
  • Trampling on the crime scene; and
  • Changing tune.

Houston Business Journal: 5 things every employer needs to know about noncompete agreements

The Houston Business Journal has tapped Alan Bush as a freelance contributor again.  His latest article, "5 things every employer needs to know about non-compete agreements," hit the journal on July 15 with the list of Houston's largest labor and employment law firms.

Here's what Alan had to say about non-competes:

Hot industries - like the energy sector - have squeezed Houston's experienced workforce to the point that there are more key job openings than folks to fill them.  Many companies are looking to hire experienced workers from competitors.  Noncompetes, a contract in which an employee promises not to touch certain markets or customer accounts for some period of time, can make or break the deal...

Read the full article for 5 business points on non-competes.

Texas Lawyer: Uniform Trade Secrets Act Texas-Style

Image - Major Changes in the Texas Uniform Trade Secrets Act  

 

 

 

 

 

Texas Lawyer has signed up Alan Bush as a freelance contributor.  His latest article, "Major Changes in Texas Uniform Trade Secrets Act," appeared in the newspaper on May 27. 

Here's what Alan had to say about how the Texas Uniform Trade Secrets Act impacts a fairly common scenario for trade secret theft – when a key employee defects to a competitor:

The Texas Legislature adopted the Texas Uniform Trade Secrets Act (TUTSA), effective Sept. 1. The act is, no doubt, a blockbuster. It blows away years of common law civil remedies for trade secret misappropriation; just check out Texas Civil Practice & Remedies Code §134A.007.

 

Let’s take a look at a few places where TUTSA impacts a fairly common scenario for trade-secret theft: when a key employee defects to a competitor.

 

Up for grabs: Texas courts rarely look outside the state’s borders for guidance. But TUTSA §134A.008 demands it. Courts must apply the act with an eye toward creating a “uniform” law among the 48 states that have adopted the act.

 

The trouble is that states sometimes apply parts of the act differently. Issue-by-issue, Texas courts must now pick the camp to join. My bet is that they’ll stick as closely as possible to the current common law with which they’re comfortable. Only time will tell...

Read the full article for more.  In it, Alan lays out some practical ways the Uniform Act affects:

  • The types of information that will qualify for trade secret protection;
  • Hiring from a competitor without getting tangled up in a trade secret enforcement action; and
  • Cease and desist letters when a key employee defects.