Restrictive covenants and non-compete agreements have been a frequent topic of this blog in recent months, and rightly so. Non-competitors are generally thought to be effective tools to help firms protect trade secrets and competitive advantages. However, these agreements are falling out of favor across the country – the DOJ recently files a Statement of Interest in a state court case taking the position that non-competites may violate the Sherman Antitrust Act. Further, states continue to pass laws limiting or banning the use of noncompete agreements, including Illinois, Oregon, Nevada, DCand Colorado.
But one Texas