restrictive covenants | Attorneys.Media

How to Draft an Enforceable Non-Compete Agreement for Employees in California After SB 699 and AB 1076

California has effectively banned employee non-compete agreements for decades, and SB 699 (effective Jan. 1, 2024) and AB 1076 (effective Jan. 1, 2024) further tighten enforcement and employer exposure. These new laws expand remedies, reinforce extraterritorial reach, and create new notice obligations for employers with California employees. This article explains how to draft enforceable California […]

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How to Enforce a Non-Compete Clause in Texas After the FTC Non-Compete Ban: Contract Drafting and Litigation Checklist

Business Contracts Law / Jack Gilbert

Texas courts can still enforce non-compete clauses under the Texas Covenants Not to Compete Act (Tex. Bus. & Com. Code § 15.50) if they are ancillary to an enforceable agreement and reasonable in time, scope, and geography. The FTC’s 2024 non-compete rule created national uncertainty, but Texas enforcement remains driven primarily by state statute and

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How to Draft an Enforceable Non-Compete Agreement in Texas After the FTC Non-Compete Rule (2026 Update)

Business & Law / Jack Gilbert

Texas non-competes remain enforceable in 2026, but only if they satisfy Tex. Bus. & Com. Code § 15.50’s “ancillary to” and “reasonable” requirements. The FTC’s attempted nationwide non-compete ban has not displaced Texas statutes, yet it has changed how courts, employers, and employees scrutinize restrictive covenants. This update explains how to draft (and revise) enforceable

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How to Draft an Enforceable Non-Compete Agreement for a Texas LLC in 2026

Business / Jack Gilbert

Texas non-competes are enforceable in 2026 only if they are ancillary to an otherwise enforceable agreement and contain reasonable limits on time, geography, and scope. For Texas LLCs, the most common drafting failures are inadequate consideration (no real trade-secret or confidential-information tie) and overbroad restrictions that invite reformation. This article explains how to draft, implement,

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How to Draft an Enforceable Non-Compete Agreement for a Texas-Based Small Business in 2026

Business Operations / Jack Gilbert

Texas small businesses can enforce non-competes in 2026 only if the agreement is “ancillary to or part of” an otherwise enforceable agreement and the restrictions are reasonable in time, geography, and scope. The most common failure point is drafting broad restrictions without tying them to trade secrets, confidential information, or specialized training. This article explains

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How to Draft an Enforceable Non-Compete Agreement in Texas After the 2024 FTC Ban Attempt Explained

Business Risk Management / Jack Gilbert

Texas non-competes remain enforceable in 2026 if they meet the Texas Covenants Not to Compete Act’s requirements—despite the FTC’s 2024 attempted nationwide ban. The federal rule was challenged immediately, and Texas employers still primarily rely on state law and recent case guidance. This article explains how to draft an enforceable Texas non-compete after the FTC

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How to Draft a Texas Noncompete Agreement That Holds Up Under the Texas Covenants Not to Compete Act (2026)

Business & Entrepreneurship / Jack Gilbert

Texas noncompete agreements are enforceable only if they satisfy the Texas Covenants Not to Compete Act, including being “ancillary to or part of” an otherwise enforceable agreement and containing reasonable limits on time, geography, and scope. Because courts can reform (but may also limit fee recovery), careful drafting matters as much as enforceability. This article

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

Business and Corporate Security / Jack Gilbert

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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How to Draft an Enforceable Delaware Non-Compete Agreement for Executive Employees in 2026

Business & Corporate Law / Jack Gilbert

Delaware courts can enforce executive non-competes in 2026 when they protect a legitimate business interest and are reasonable in time, geography, and scope. But enforcement turns on drafting details—especially in the wake of evolving case law and the FTC’s shifting non-compete landscape. This article explains how to draft, document, and implement a Delaware executive non-compete

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How to Enforce a Non-Compete Agreement in Texas After the 2023 FTC Proposed Ban on Noncompetes

Business & Workplace Law / Jack Gilbert

Texas courts can still enforce non-compete agreements under the Texas Covenants Not to Compete Act, despite the FTC’s 2023 proposed ban. The proposal has not displaced Texas law and remains tied up in federal administrative and court challenges. This article explains Texas enforceability rules, drafting and proof requirements, litigation steps, and practical strategies for employers

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