Home · Practice areas · Non-compete litigation
A non-compete case is won in the first two weeks.
An employee has left for a competitor, or you have, and someone is going to court about the non-compete. We litigate these cases on either side — for the employer seeking an injunction and for the employee or new employer defending against one. We do not draft non-competes; we try them.
What we handle
- Temporary restraining orders and temporary injunction hearings
- Enforceability under Tex. Bus. & Com. Code §§ 15.50–15.52
- Reformation of covenants that are broader than the law allows
- Non-solicitation of customers and employees
- Confidential information and trade secret claims that come with them
- Claims against the new employer
How we approach it
A Texas non-compete is enforceable only if it is ancillary to or part of an otherwise enforceable agreement and is reasonable in time, geographic area and scope of activity. A covenant that goes further than that is not simply void: the court reforms it, and the remedy before reformation is limited to an injunction.
These cases move fast. A temporary restraining order lasts fourteen days, and the temporary injunction hearing that follows is often where the case is decided. The evidence for that hearing — the agreement, what the employee actually had access to, and what has happened since they left — has to be assembled in days.
Questions people ask
Are non-competes enforceable in Texas?
Yes, if the covenant is ancillary to or part of an otherwise enforceable agreement and contains reasonable limits on time, geographic area and scope of activity that do not impose a greater restraint than necessary to protect the employer’s goodwill or other business interest.
What happens if my non-compete is too broad?
A Texas court reforms it to a scope that is reasonable rather than throwing it out, and an employer cannot recover damages for conduct before the reformation — only an injunction. If the employer knew the covenant was unreasonable and tried to enforce it anyway, the court may award the employee fees.
My former employer sent a cease-and-desist letter. What should I do?
Send us the agreement, the letter and a short account of your new role before you reply. What you say in response, and what you do in the next few weeks, often becomes evidence at an injunction hearing.
Do you draft non-compete agreements?
No. We litigate them — enforcing or defending a covenant once it is in dispute.