A battle between Capital One and two of its former senior executives brings us “new” insight into the thorny issue of NON COMPETE AGREEMENTS and their enforceability. As a Texas employment law practitioner, I am sometimes faced with clients who have determined that their fully signed Non Compete Agreement cannot be enforceable based on the advice of friends and family in other states. If they acted on that advice without checking further, these same clients may be bringing us a letter from their former employer stating that they are in violation of that Non Compete Agreement. The Agreement may contain several restrictions for the former employee – including such categories as non-competition restrictions, non-interference provisions, confidentiality provisions, protection of trade secret provisions and non-solicitation provisions (with respect[…]
