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ARTICLE · 17 FEBRUARY 2012

Alanis Morisette, The Rolling Stones And Texas Noncompetes

Alanis Morisette would have to say "Isn’t it ironic, don’t ya think?" The Texas Supreme Court has spent the last six years doing everything possible to make it abundantly clear that Texas noncompetes are enforceable.

United StatesLitigation, Mediation & Arbitration

Alanis Morisette would have to say "Isn't it ironic, don't ya think?" The Texas Supreme Court has spent the last six years doing everything possible to make it abundantly clear that Texas noncompetes are enforceable. Yet, according to their district court brethren, only twenty five percent of noncompetes are enforced. Where is the disconnect?

The Court has decreed that noncompetes are enforceable and trial courts should set aside their heightened scrutiny of the timing and type of noncompete consideration. Instead, they should evaluate time, scope and geography of the actual noncompete provision to fashion the most appropriate relief. Of course, time, scope and geography have always been important parts of the noncompete statute, it's just that hyper-technical consideration issues so often resulted in the noncompete being unenforceable.

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