Enforcing Non-Compete Agreements Still Not a Walk in the Park
Many businesses desire to protect customer relationships, trade secrets, and other vital interests. One such way of protecting this information is to enter into non-compete agreements with employees. In the past, creating a non-compete agreement was a difficult, technical, and often futile task, as many non-compete agreements were found to be unenforceable, failing to offer businesses the protection they sought.
In the past few years, however, the Texas Supreme Court has trended away from analyzing the validity of non-compete agreements on overly technical grounds. For example, in Marsh USA, Inc. v. Cook, the Texas Supreme Court renewed emphasis on the key consideration of the overall reasonableness of the restrictions in the non-compete agreement.
While the playing field regarding non-compete agreements has been leveled in some respects, many considerations still must be taken into account when entering into such non-compete agreements with employees. The attorneys at McCleskey are available to assist clients with any issues that may arise related to non-compete agreements.