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Eric Behrens’ article on Covenants Not to Compete cited in Texas Supreme Court case

Litigation attorney Eric Behrens' article A Trend Toward Enforceability: Covenants Not to Compete in At-Will Employment Relationships Following Sheshunoff and Mann Frankfort, 73 Tex. B.J. 732, 738 (Oct. 2010) was cited today in Texas Supreme Court case MARSH USA INC. AND MARSH & MCLENNAN COMPANIES, INC. v. REX COOK, stating that the Court’s interpretations of section 15.50(a) “show a trend toward enforceability of non-compete clauses that is true to the legislative intent behind the Covenants Not to Compete Act and the 1993 amendments”.

 

MARSH USA INC. AND MARSH & MCLENNAN COMPANIES, INC. v. REX COOK; from Dallas County; 5th district (05-08-00685-CV, 287 SW3d 378, 05-26-09)

NO. 09-0558

The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Johnson, and Justice Guzman joined. [pdf]

Justice Willett delivered an opinion concurring in the judgment. [pdf]

Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Lehrmann joined. [pdf]

View Electronic Briefs | Listen to Oral Argument [38.8 mb mp3] | Watch Oral Argument Video

Jun 24, 2011