Non-Compete & Trade Secret Agreements in Texas

Restrictive Covenant Attorneys Serving The Woodlands and Houston 

Hopkins Centrich Attorneys at Law is a full-service business law firm with substantial experience in drafting, enforcing, and defending against the enforcement of restrictive covenants and counseling companies in the legal issues that can arise from them. We are prepared to help both business owners and individual professionals assert their rights, even if that requires litigation.

Our team thinks like business owners and prioritizes strategy, risk management, and long-term planning. We take a collaborative and client-centered approach and can provide guidance and solutions tailored to your specific needs and objectives, whether you need assistance drafting strong non-disclosure agreements or enforcing the terms of a non-solicitation agreement. Our lawyers are also prepared to quickly adapt to evolving circumstances, including changes in the law.

If you have concerns about non-compete and trade secret agreements in Texas, call (254) 249-5436 or contact us online to schedule an initial consultation with our knowledgeable attorneys. We can meet with you virtually.

What Are Restrictive Covenants?

Restrictive covenants are essential contractual tools designed to protect a company’s proprietary interests and hard-earned competitive advantages. These provisions establish clear boundaries regarding the post-employment conduct of individuals or the future operations of entities involved in a business transaction. 

By implementing these agreements, we can help your organization maintain the integrity of its internal trade secrets and client relationships. Our lawyers can draft these provisions to align with Texas law, balancing your need for robust protection with the legal requirement that such limitations remain reasonable in scope and duration.

Types of restrictive covenants include:

• Non-compete agreements. Non-compete agreements prohibit an individual or entity from engaging in a similar profession or trade in direct competition with your business for a specified period within a defined geographic area. We can draft these provisions to protect your market share and prevent the immediate transfer of your firm's internal strategies to a competitor. Texas courts require these covenants to be ancillary to an otherwise enforceable agreement and reasonable in their limitations to remain valid.
• Non-solicitation agreements. Non-solicitation agreements are meant to prevent former employees or business partners from actively recruiting your current staff or poaching your established client base. We can utilize these contracts to stabilize your workforce and preserve the professional relationships that drive your revenue.
• Non-disclosure agreements. Non-disclosure agreements establish a legal obligation to maintain the confidentiality of sensitive information shared during the course of employment or a business deal. We can structure these agreements to cover trade secrets, financial data, and proprietary methodologies that give your company a competitive edge.
• Non-dealing and exclusivity agreements. Non-dealing and exclusivity agreements broaden the scope of protection by prohibiting a party from transacting business with specific entities or by requiring them to deal solely with your firm. We can implement these agreements to solidify supply chains or to prevent former associates from accepting unsolicited business from your clients, even without active solicitation. These provisions can offer a comprehensive approach to securing your commercial interests against opportunistic interference.

The Risks of Poorly Drafted Restrictive Covenants

Poorly drafted agreements introduce substantial liability and uncertainty. If a restrictive covenant contains overbroad or vague language, a Texas court may deem it unreasonable and exercise its power to reform its terms or even render it unenforceable. Specifically, the courts tend to look at a restrictive covenant’s scope and duration, the clarity of its terms, and whether any terms violate public policy.

You should never rely on “standard” templates for restrictive covenants, as each agreement should be tailored to the specific needs of your industry and the specific role of the individual. Working with seasoned attorneys to draft restrictive covenants is essential to avoid inadvertently implementing agreements that won’t necessarily stand up in court.

We Can Draft, Enforce, and Defend Against Non-Competes

We can draft non-compete agreements designed to withstand judicial scrutiny by anchoring them to valid, ancillary contracts, such as those involving the exchange of trade secrets or specialized training. Our attorneys can tailor the temporal and geographic scope of these provisions to protect your legitimate business interests without exceeding legal limits. When violations threaten your market position, we can aggressively pursue injunctive relief and damages to uphold the integrity of these contracts and stop unfair competition before it causes irreparable harm.

When defending individuals or hiring entities against overzealous enforcement, we may be able to challenge the validity of the restrictive covenant itself. We can scrutinize the opposing party's agreement to identify legal flaws, such as a lack of consideration or unreasonable restrictions on territory and time. By exposing these weaknesses, we aim to invalidate the covenant or significantly narrow its scope, allowing you or your new hire to operate freely in the marketplace without fear of legal reprisal.