We’ve discussed the inevitable disclosure doctrine in previous posts. It’s a powerful claim and whether adoption of the uniform trade secrets act makes it viable in Texas remains to be seen. What is it? Assume that in your prior job you […]
As you probably know, HP filed a lawsuit against former CEO Mark Hurd in California seeking to prevent him from going to work for competitor Oracle. The Wall Street Journal has a solid account of the lawsuit and […]
Commentators have described inevitable disclosure as the following: There are circumstances in which trade secrets inevitably will be used or disclosed, even if the defendant swears that he or she will keep the information confidential. Courts applying the doctrine have […]
Sam Adams Beer Company recently filed a lawsuit in Massachusetts against a salesman who it alleges went to work for a competitor in California. The case illustrates the importance of a venue provision in an employment contract, […]
In Texas there are other options to prevent departing employers from competing with your business: A Non-Solicitation: Instead of tying down your employee with a non-compete consider a non-solicitation. The non-solicit will still have to meet non-compete standards, but it can […]
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 is much easier to get […]
In late April Hewlett Packard hired EMC storage division president David Donatelli. Donatelli worked 22 years for EMC and made $17 million over the last three. The hire reportedly stunned the industry. As part of his new employment Donatelli was going […]
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