2015 Update: The Departing Texas Employee, Including Noncompetes, Trade Secrets, Fiduciary Duties & the 'Inevitable Disclosure' Doctrine

Your client informs you that its most valuable employee just resigned and went to work for its chief competitor. Your client is afraid other employees may leave with her, that she may have taken its customer list with her, and that she may have been soliciting customers to follow her to her new employer. What should you do? How can you help? This presentation will give you the answers! It will also provide guidance for lawyers representing clients in the position of the ex-employee and new employer.

Learning Objectives:

I.     Gain knowledge of the enforceability of non-competition agreements under current Texas law 

II.    Grasp the standards for injunctive relief via non-competition agreements or trade secrets theory 

III.   Sue ex-employees and their new employers for breaches of fiduciary duties 

IV.   Understand the current status of the controversial "inevitable disclosure" theory 

V.    Comprehend the enforceability of employee non-solicitation agreements 

VI.   Protect your client's trade secrets during litigation 

VII.  Learn about the TUTSA and how it affects litigation of trade secrets cases 

VIII. Master the teachings of the Texas Supreme Court's recent decision in Drennen v. Exxon Mobil Corporation