A Physician Non-Compete Agreement Must Include a Buy-Out Provision

/cdklawyers.com// 10/14/2010 Many employers and Texas physicians enter into covenant not to compete agreements (also known as non-compete agreements).  These agreements typically prevent a doctor from practicing medicine within a certain territory surrounding the employer for a certain period of time after the employment relationship terminates. Keith Clouse, a Dallas, Texas employment lawyer who frequently […]

Hiring an Attorney to Handle a Non-Compete Matter

/cdklawyers.com// 09/30/2010 In Texas, an employer can contract with an employee to prevent the employee from competing with the employer after the parties end their relationship.  These contracts are called non-compete agreements or covenants not to compete.  Given the serious obligations imposed by most non-compete agreements and the potential for huge business losses if a […]

A Texas Temporary Restraining Order Can Prevent an Ex-Employee from Competing with a Former Employer

/cdklawyers.com// 09/12/2010 If an employee who is subject to a covenant not to compete leaves an employer to work for a competing business, the employer may find itself in an emergency legal situation.  Keith Clouse, a Dallas non-compete lawyer, suggests that an employer who believes an ex-employee has or will violate a non-compete agreement contact […]

Money Alone Cannot Buy a Non-Compete Agreement with a Texas Employee

/cdklawyers.com// 08/29/2010 A non-compete agreement prevents an employee (or former employee) from competing with an employer.  Employers enter into these agreements to protect confidential information and to avoid losing customers to competitors when an employee changes jobs.  But, cautions Dallas non-compete attorney Keith Clouse, in order for a non-compete agreement to be enforceable against an […]

Settling an Employment-Related Lawsuit

/cdklawyers.com// 07/25/2010 Employers and employees may find themselves in litigation with one another over the breach of an employment contract, the theft of trade secrets, the breach of a non-compete agreement, or a discrimination or retaliation matter.  If the parties are like most parties to litigation, they will resolve their dispute with a settlement agreement […]

Dallas Non-Compete Attorney Keith Clouse: Dallas Court of Appeals Rules for Physicians in Dispute with Employer

/cdklawyers.com// 07/21/2010 Dallas non-compete lawyer Keith Clouse notes that the Dallas Court of Appeals recently affirmed summary judgment for a group of physicians against their employer.  Greenville Surgery Center, Ltd. v. Beebe, No. 05-08-01045-CV (Tex. App.—Dallas July 9, 2010), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05topin.ask+D+59681. GSC owns an ophthalmology surgery center. A group of doctors invested in GSC […]

Dallas Non-Compete Attorney Keith Clouse Notes that Declaratory Judgment Actions Over Non-Compete Agreements May Benefit Former Employees

/cdklawyers.com// 05/03/2010 Dallas non-compete lawyer Keith Clouse believes that, in some cases, an individual who entered into a non-compete agreement with a former employer may benefit by filing a declaratory judgment action and asking a judge to rule on the applicability of the non-compete agreement. In a declaratory judgment action, a judge can establish the […]

Texas Doctors Subject to Non-Compete Agreements Must Weigh Options Before Leaving Employer

/cdklawyers.com// 04/24/2010 A doctor will likely be asked by an employer to sign a non-compete agreement to prevent the doctor from competing with the employer post-employment.  But a doctor may not closely scrutinize the restrictive terms of a non-compete agreement until the doctor finds a new opportunity and begins to plan an exit strategy.  Keith […]

Texas Non-Compete Agreements Must Contain Reasonable Geographic Limitations or an Effective Substitute

/cdklawyers.com// 03/22/2010 Texas employers may wish to ask their key employees to sign non-compete agreements; these agreements prevent employees from competing with employers post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, for a non-compete agreement to be enforceable, an employer must carefully tailor the agreement to ensure that the restrictions on post-employment activities are reasonable […]

Employers Must Give Employee Adequate Consideration to Support Non-Compete Agreements

/cdklawyers.com// 03/16/2010 A non-compete agreement forbids an employee from competing with an employer post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, an employer must provide adequate consideration to the employee for the contract to be enforceable. In Texas, the consideration given by an employer must give rise to the employer’s interest in restraining the employee […]