Texas Non-Compete Agreement Attorneys

Whether you are a business owner watching in alarm as a current or former employee sets up competition against you, or an employee concerned about the restrictions of a non-compete agreement, the Houston-based, non-compete agreement attorneys at Hendershot Cowart P.C. can help you.

We are seasoned litigators skilled at reviewing non-compete agreements and pursuing or defending claims that a non-compete agreement has been violated.

We draft non-compete agreements and restructure other contracts to ensure you have enforceable, business-critical protections in place. All Texas non-competes need to be specific and limited regarding geographical area, scope of activity, and period of time because no employer has the right to limit an individual’s business indefinitely; doing so would likely make the agreement unenforceable.

We enforce non-compete agreements using all available legal remedies. If you believe a current or former employee has stolen your proprietary, confidential information or has improperly joined a competitor or client, our Houston non-compete law attorneys can help minimize the damage and prevent misappropriation of intellectual property.

We defend against non-compete violation claims and misappropriation of trade secrets using the best available defenses, including employer breach of contract, an overly broad scope of restrictions making the agreement not enforceable, or illegitimate business interests. We have represented both employers and employees in non-compete violation claims.

Have you been asked to sign a non-compete? We review and negotiate agreements and other restrictive covenants for prospective employees in need of clear guidance on their rights and options before signing an employment contract, especially with a non compete clause. No employer has the right to contractually prohibit an individual’s business indefinitely; non-competes must be reasonable in their restrictions to be enforceable. Executives may have many special considerations that require additional negotiations and modifications.

For prompt attention to your non-compete agreement concerns – beginning with a confidential consultation – please call our business law firm at (713) 909-7513 or send us a message online.

Depending on the work you do and the information your company processes, your business has the potential to live and die by the strength of your non-compete agreements. But not every non-compete agreement is created equal. To be enforceable in Texas, a non-compete agreement must:

Be ancillary to an otherwise enforceable agreement, such as an employment agreement

Be reasonable in scope of activity

Be reasonable in geographic area

Be reasonable in duration / time period

If a court deems any of these elements to be broader than necessary to protect the interests of the business, the court can reform or nullify the agreement. That’s why you need an attorney experienced with drafting, negotiating and litigating non-compete and other business agreements. The attorneys of Hendershot Cowart P.C. can advise you on reasonable limitations for your specific industry, and we can identify which elements can be challenged should you seek to get out of a non-compete agreement.

Because physician non-compete agreements can impact doctor-patient relationships, Texas law has special requirements above and beyond the elements of an executive non-compete agreement.

Specifically, physician non-competes must allow doctors:

Access to a list of patients treated within the year preceding the separation from the practice

Reasonable access, upon patient consent, to relevant medical records

To provide for patients who need acute care even after the contract or employment has been terminated

To buy out of their agreement, if they choose, at a reasonable price, or, upon mutual consent, for a price set by a neutral third party

In addition, physician non-competes must also take heed of the Stark Law which (among other things) regulates compensation arrangements between physicians and hospitals. With thriving business law and health care law practices, Hendershot Cowart P.C. is uniquely suited to handle physician employment agreements and non-compete agreements.

At Hendershot Cowart P.C., we’ve helped Texans negotiate, draft, implement, enforce, and defend non-competes for more than 30 years. Our lawyers know what it takes to help a business owner draft an airtight non-compete agreement, and we know how to contest a faulty contract in court or through arbitration.

For legal guidance, perspective, and resolution – in and out of the courtroom – contact our Houston-based business law firm today.

And let you get back to business.

We take a vested interest in our clients' success – from start to finish.

As a boutique law firm, we unite real experience with personal attention.

We handle matters from the Red River to the Rio Grande and beyond.

Let us put the full force of our 100+ years of combined experience to work for you.

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