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A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and pits a Texas choice-of-law provision against Oklahoma public policy. Let’s take a look: Sometime in early 2013, Tulsa, Oklahoma based F&M Bank began talks … Continue reading
A recent case out of the Northern District of Texas and the Fifth Circuit Court of Appeals touches upon the intersection of non-compete agreements and ERISA plans. From 1998 until his resignation in 2010, George Wall worked for Alcon Laboratories, a major pharmaceutical company. In the years leading up to Wall’s resignation, Alcon was in … Continue reading
Landry’s Restaurants, the Houston-based company that owns more than 40 restaurant chains and 400 properties including restaurants, hotels and casinos, has sued a former employee for breaching a non-compete agreement. Last week, Landry’s filed suit against Tim Kohler, who formerly served as director of operations for Vic & Anthony’s Steakhouse, the highly-acclaimed steakhouse with locations … Continue reading
Last week, the Texas Court of Appeals affirmed a trial court order finding a physician non-compete agreement unenforceable as against public policy. Although Texas has no outright ban on physician non-compete agreements (like Massachusetts or Alabama), the decision suggests that Texas courts may be willing to invalidate physician non-compete agreements where there is evidence of … Continue reading
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