Share on LinkedInShare on LinkedIn

ARTICLE · 27 SEPTEMBER 2019

Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List

Kane, Russell, Coleman & Logan, P.C.
Explore more from Kane, Russell, Coleman & Logan, P.C.

Texas Rule of Civil Procedure 683 requires that "[e]very order granting an injunction . . . shall set forth the reasons for its issuance;

United StatesEmployment and HR

Texas Rule of Civil Procedure 683 requires that “[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought to be restrained.”1 But, what happens when a plaintiff is granted an injunction that prohibits a former employee and its new employer from soliciting or contacting the plaintiff’s customers; yet, the injunction does not specifically identify those off-limit customers nor does it reference a list identifying those off-limit clients?2 The answer: it may be subject to dissolution on appeal.

Most recently, in McCaskill v. Nat’l Circuit Assembly, 05-17-01289-CV, 2018 WL 3154616, at *4 (Tex. App.—Dallas June 28, 2018, no pet. h.) (memo op.), the Dallas Court of Appeals dissolved, in part, a temporary injunction that prohibited a former employee and her new employer from soliciting or contacting

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from