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On Demand Audio

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

(737 reviews)

Produced on January 28, 2015

Taught by
$ 89 Labor & Employment Law In Stock

Course Information

Time 90 minutes
Difficulty Intermediate

Course Description

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

Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit


Mark Oberti

Oberti Sullivan LLP

Mark is intense and unrelenting. He’s always been that way. When he was 17 years old, Mark graduated from high school early to join the U.S. Army. He served three years in the Army, and was awarded two Army Achievement Medals and the Good Conduct Medal. After that, Mark earned his college degree from Wayne State University in Detroit in less than three years. Then, he attended the University of Houston Law Center, where he graduated in 1994, cum laude, Order of the Coif, and was in the top 10% of his graduating class. Mark is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization.

Mark is a highly effective advocate. His focus is always to get results for his clients. On behalf of employees, Mark has settled many cases for high six-figures and seven-figures. Mark has won more than fifty summary judgments and jury trials for both employees and employers (see Mark's Relevant Texas and Other Employment Law Experience). In 2013, Texas Lawyer magazine named him “Litigator of the Week,” after he won a $2.9 million jury verdict in an age discrimination case. In 2016, he and his partner won a significant jury verdict in an FLSA retaliation case. Mark has also argued and won numerous appeals. In 2017, he argued and won an appeal to the U.S. Court of Appeals for the Fifth Circuit in an ERISA severance benefits case, and his client was awarded $255,000.00, plus attorneys’ fees.

Mark’s peers have recognized him for practicing employment law at the highest level of the profession. Based on high feedback from his peers in the Houston legal community, the publication Best Lawyersawarded Mark the honor of 2018 Lawyer of the Year for Houston Litigation - Labor and Employment. Furthermore, every year since 2009 Mark has been recognized as a Super Lawyer, a Thompson Reuters service printed in Texas Monthly. In addition, each year since 2015, the same publication has recognized Mark as a “Top 100 Houston Super Lawyer,” and in 2017 the publication named him a "Top 100 Texas Super Lawyer."

Mark regularly handles claims for race discrimination, retaliation, sex discrimination, sex harassment, age discrimination, disability discrimination (ADA), whistleblower, FLSA (unpaid overtime and minimum wage), Sarbanes-Oxley Act retaliation, Dodd-Frank Act retaliation, trade secrets and covenants not to compete, breach of contract, and many other types of employment law claims. For an overview of Mark's employment law experience click here.

Mark is a prolific speaker on a wide variety of employment law topics. Mark regularly speaks at seminars across the country on retaliation and whistleblowing for a preeminent CLE provider, the National Employment Law Institute. More than 10,000 people have viewed Mark’s on-line employment law classes for Lawline, and given him very high “course ratings.” Mark is also a frequent commentator on employment law issues in The Houston Chronicle, and many of the cases he has handled have been covered by media outlets throughout America.


Stephen E.

Very informative and well done; the supplements are great, too.

Carrie O.


Susan T.

Very helpful for my practice.

Victoria G.

Very informative presentation.

Debra C.

very interesting & well presnted

Suzanne J.

good program

John B.

Just what I needed.

David W.

Mr. Oberti was an excellent presenter. This seminar was informative. I found the paper and slides informative and helpful. Excellent presentation!

Lynn M.

good job

Ken S.

Good summary info

Lana J.

Great presentation.

Alfonso K.

Excellent speaker! --Kennard

John S.

Great course!

Susan P.

Seems like an interesting area of law after listening to this speaker.

Charles C.

Excellent presentation.

Bill H.

well done

Otis C.

Excellent-a lot has changed since I last did a. non-compete/trade secret case-thanks for the update!

Juliann K.

Excellent topic

Lorenzo L.

Very well presented!

Benjamin I.

Excellent as always!

Robert J.

Excellent materials provided

Martin C.

Great content!

Jay R.


Max S.

Excellent program-- great information, practical application

Mary Jo C.

This was a great presentation.

Jana R.

nice video

Carl M.

Outstanding presentation

Lynne K.

The speaker was obviously passionate about this topic which made it much more interesting to watch than most webcasts.

Melissa Y.

outstanding program

Nick T.

Good presentation. I enjoyed the case summaries and exploration of different views from the courts. Thanks.

Scott G.

Excellent presentation and helpful materials.

Melanie B.

Informative and good speaker.

William T.

Very informative and very well.presented.

Fabian G.

great course

Dwight V.

Good course. Practical advice covering all perspectives

James H.

A great primer on trade secrets in Texas and employees! Enjoyed it.

Marla M.

Very helpful information.

Martin C.

Presentation was concise and very helpful

Norman G.

Excellent speaker.

Weslynn W.

Great, practical information!!

Bruce F.


James C.

Best course I have taken on lawline.

Eric C.

Succinct & super informative.

Constance D.

Excellent presentation.

Terah O.

Outstanding presentation.

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