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Why Adding an Arbitration Clause to a Non-Compete Agreement Is a Good Idea.

In Nitro-Lift Techs., L.L.C. v. Eddie Lee Howard, et al., the U.S. Supreme Court once again expressed its strong support of the Federal Arbitration Act (FAA), in finding that where an arbitration...

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Important Employment Law Cases to Follow in 2013

Vance v. Ball State University (7th Cir. 2011) – Who is a “Supervisor” under Title VII?  The U.S. Supreme Court will resolve a split between federal appellate courts regarding the definition of a...

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Whistleblowing – The Right and the Wrong Way to Do It

The Texas Whistleblower Act protects public employees who make good faith reports of violations of law by their employer or co-workers to an  “appropriate law enforcement authority.”  Under the Act, an...

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To Protect Trade Secrets, Make Sure the Temporary Injunction Explains What...

When a company learns that its former employees are releasing or using the company’s trade secrets, it needs to act fast. No company, therefore, wants to spend precious time and money trying to obtain...

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The ADA Does Not Require a Nexus Between a Requested Accommodation and an...

The Fifth Circuit Court of Appeals recently ruled in Feist v. State of Louisiana, that a “reasonable accommodation” under the Americans with Disabilities Act (ADA), does not need to “relate to the...

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Not Including a Buy Out Clause in a Medical Non-Compete Can Be Fatal to Its...

In Texas, non-compete agreements that relate to the practice of medicine must meet certain statutory requirements in addition to the consideration and reasonableness conditions discussed here.  Last...

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The Texas Supreme Court Declares That Forfeiture Provisions in Executive...

The Texas Supreme Court in ExxonMobil Corp. v. Drennen held that forfeiture provisions in non-contributory profit-sharing plans are not covenants not to compete, but stopped short of opining on whether...

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A Lost Employment Agreement Costs an Employer a Lot of Money

In United Rentals, Inc., et al. v. Smith, the company tried to force the employee to arbitrate their wrongful termination dispute pursuant to an arbitration clause contained in the employment agreement...

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Is Your Non-Compete Agreement Hidden in Your Stock Option Plan?

Many employees assume that a non-compete agreement will be clearly titled so as to provide them notice that they are agreeing not to compete with their employer on certain terms after they leave....

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Religious Discrimination – What Every Business Owner Needs to Know

Under the Title VII of the Civil Rights Act of 1964, an employer may not discriminate against an employee on the basis of his or her religion. Employer must make reasonable accommodations for the...

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What is a Trade Secret?

What are trade secrets and how they are regulated depends largely on what state your business is operating in.  Currently, each state has it own statute and/or body of law that defines what is a “trade...

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