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How to Draft a Non-Compete Agreement That Complies With Texas Business and Commerce Code § 15.50 (2026 Update)

How to Draft a Non-Compete Agreement That Complies With Texas Business and Commerce Code § 15.50 (2026 Update)

Texas non-competes are enforceable only if they satisfy Texas Business & Commerce Code § 15.50, including being ancillary to an otherwise enforceable agreement and reasonable in scope. In 2026, Texas courts continue to scrutinize consideration, protectable interests, and overbreadth—and will reform some defective clauses. This update explains how to draft (and revise) a Texas-compliant non-compete […]

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Navigating Business Contract Pitfalls

How to Draft a Texas Non-Compete Agreement After the 2024 FTC Rule: Enforceability, Notice, and Severability Clauses

Texas non-compete agreements remain enforceable in 2026 if they comply with the Texas Covenants Not to Compete Act and are narrowly tailored, but employers must also track ongoing federal FTC non-compete litigation and any applicable injunctions. The FTC’s 2024 final rule changed the compliance conversation nationwide, even where state law traditionally favors well-drafted restraints. This

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