Latest Texas Non-Compete Lessons
February 5, 2019
I recently finished a hard fought non-compete case that settled the day before trial. Unlike most non-compete cases that resolve themselves early on during the temporary injunction fight, this non-compete contained a liquidated damages provision that specified the damage number in the event of a non-compete breach. The terms of the non-compete prevented the employer from seeking injunctive relief – the only remedy was the liquidated damages clause. The trial court ruled the non-compete was enforceable and the amount of the liquidated damages provision was never challenged. Even with those rulings/facts the case dragged on to the point of trial.
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