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A Primer on Covenants Not to Compete in Texas

Article 15 of the Texas Business and Commerce Code is generally referred to as the Covenants Not to Compete Act.  The Act has governed covenants not to compete in Texas for over 20 years now.  However, a few opinions issued by the Texas Supreme Court […]

In Texas, are Non-Compete Agreements Enforceable?

There is a nasty rumor going around.   The rumor is that in Texas, non-compete agreements are not enforceable.  Believing this rumor could get employees and those companies that hire employees with non-compete agreements in hot water.  The truth […]

Richard L. Hathaway

5th Circuit Summary: The Cadle Co. v. Moore (In re Moore), No. 13-10325

Cadle Co. sued James Moore, Brunswick Homes and others in state court alleging that Moore used Brunswick to shield assets and to avoid paying debts to Cadle.  The causes of action included a state-law fraudulent transfer action.  Moore subsequently […]

Retaliation Claims on the Rise

While retaliation claims in employment matters were initially just tacked onto underlying discrimination claims, they are often the more challenging claims to overcome.  The Society for Human Resource Management reported that 2010 marked the first year […]

Employee Termination: Ten Steps to Remember

Texas is an employment at-will state.  Therefore, you would think that terminating an employee in Texas should be an easy proposition.  After all, you can terminate an employee for any reason, or no reason, as long as you are not doing so for an improper […]

Michael A. Logan

The Art of Defending Preferential Transfers-Part One: The Basics

Creditors face any number of perils when an account debtor files for bankruptcy – loss of sales, likely risk of collection of amounts owed, legal fees and more.  One more challenge a creditor might encounter is a possibility the now-bankrupt debtor […]

In-House Alert: Covenants Not to Compete and Bankruptcy

The difficult economic circumstances of the last few years have affected employer/employee relationships in a number of different ways.  One of these effects has been that fewer employees changed jobs.  During a period of high unemployment, […]