Non-Compete & Trade Secret Lawyers Serving Denton County

Received a cease-and-desist letter? Don’t respond on your own, talk to an attorney first.

What is a non-compete?

A non-compete is a contract that is usually signed when you start a job, take a promotion, or sell a business that restricts where you can work, who you can work for, or which customers you can contact after you leave. In Texas, non-competes are enforceable, but only if they’re reasonable in time, geography, and the scope of activity they restrict. Many agreements are written far more broadly than the law allows. That means the document you signed may not be as binding as your former employer wants you to believe—and the only way to know is to have it reviewed. We review non-competes for employees and business owners across Denton County regularly.

Did I break my non-compete?

Maybe, but hopefully not. Whether you actually violated your agreement depends on what the agreement says, whether it’s enforceable in the first place, and what you’ve actually done in your new role. Before you assume the worst—or worse, before you call your old employer (or their attorney) to “explain”—have an attorney walk through the agreement with you. A short consultation now can prevent an expensive lawsuit later.

I received a cease-and-desist demand letter about my non-compete: what do I do?

First: do not respond to the letter on your own. A cease-and-desist letter is written by your former employer’s lawyer to protect your former employer, and anything you say in response (in writing or on the phone) can be used against you. Well-meaning replies routinely turn defensible situations into lawsuits. 

Second: don’t ignore it either. These letters often precede a lawsuit or a request for a court order that could stop you from working. The right move is to have an attorney evaluate the letter, the underlying agreement, and your actual conduct, and respond strategically on your behalf.  Just because the letter states you must respond to the lawyer or you must sign a written statement, that does not mean you have to under the law. This is usually a trap by the lawyer.

Bring us the letter before you do anything else.

Trade secrets: what happens when an employee takes confidential information to a competitor

Customer lists, pricing models, formulas, processes, and business plans can qualify as trade secrets under Texas law. When a departing employee takes that information to a competitor—or when a business claims that it has discovered its confidential information left with a terminated employee—the consequences move fast: emergency court orders, damages claims, and sometimes career- or company-defining litigation. We handle both sides: businesses that need to stop the bleeding and protect what they’ve built, and employees accused of taking information they believe they were entitled to use. Early action matters enormously in these cases. If you suspect a problem, call before the situation hardens.

By the same token, if you left a job and your former employer is accusing you of taking protected data, pause and contact an attorney. Simply calling something confidential or a trade secret does not make the statement true under the law. Many industries use the same software programs, sources of data, and the like that would prevent information being classified as protected. It all depends on the type of information and circumstances.