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How to Enforce a Non-Compete Agreement in Texas After the 2023 FTC Rule Challenges

Texas employers can still enforce non-compete agreements under the Texas Covenants Not to Compete Act—even as the FTC’s 2023–2024 federal rulemaking and court challenges created uncertainty nationally. The key is proving the covenant is “ancillary to or part of” an otherwise enforceable agreement and is reasonable in scope, time, and geography. This article explains enforceability […]

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How to Enforce a Non-Compete Agreement in Texas for a Sales Employee in 2026

Business Contracts / Jack Gilbert

Texas courts generally enforce a sales-employee non-compete only if it is ancillary to an otherwise enforceable agreement and “reasonable” in time, geography, and scope under Tex. Bus. & Com. Code § 15.50. In 2026, the fastest path to enforcement is usually a targeted temporary restraining order (TRO) followed by a temporary injunction, supported by clean

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How to Draft and Enforce a Texas Non-Compete Agreement After the 2024 FTC Non-Compete Rule Challenges

Business and Corporate Security / Jack Gilbert

Texas non-compete agreements remain enforceable in 2026 if they meet Texas Business & Commerce Code § 15.50’s “ancillary to” and “reasonable limitations” requirements. Ongoing court challenges to the FTC’s 2024 non-compete rule have created uncertainty nationally, but Texas employers still draft and litigate under established Texas statute and case law. This article explains how to

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

Business Strategy / Jack Gilbert

Texas non-competes are still enforceable in 2026 if they comply with the Texas Covenants Not to Compete Act—even after the FTC’s rule targeting most worker non-competes. The practical reality is that Texas courts continue to scrutinize scope, geography, and consideration, and federal litigation over the FTC rule has shifted many employers toward narrower, trade-secret-focused covenants.

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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 Enforce a Non-Compete Agreement in Texas After the 2024 FTC Noncompete Rule: What Employers Need to Know

Business Litigation / Jack Gilbert

Texas employers can still enforce a non-compete agreement in 2026—but only if it meets the Texas Covenants Not to Compete Act and survives heightened scrutiny after the FTC’s 2024 noncompete rule. The federal rule is tied up in litigation and does not automatically erase every Texas non-compete, especially for sale-of-business covenants and certain senior roles.

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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 for a Key Employee (2026 Update)

Business & Corporate Law / Jack Gilbert

Texas non-competes are enforceable only if they are “ancillary to” an otherwise enforceable agreement and contain reasonable limits on time, geography, and scope. For key employees in Texas, the fastest path to enforceability is tying the restriction to trade secrets, confidential information, or specialized training supported by clear consideration. This 2026 update explains how to

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How to Enforce a Non-Compete Agreement Against a Departing Sales Executive in Texas (2026 Legal Update)

Business Litigation / Jack Gilbert

A Texas employer can enforce a non-compete against a departing sales executive by proving it is ancillary to an otherwise enforceable agreement and reasonable in time, geography, and scope under Texas Business & Commerce Code §15.50. Texas courts scrutinize sales restrictions closely because customer relationships and confidential information are often the real protectable interests. This

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How to Enforce a Non-Compete Agreement in Texas After the FTC Noncompete Ban: Key Exceptions and Contract Drafting Tips

Business Contracts / Jack Gilbert

Texas employers can still enforce non-compete agreements under the Texas Covenants Not to Compete Act—even as the FTC’s 2024 noncompete rule faces major court challenges and limited, shifting effect. Businesses in Houston, Dallas–Fort Worth, Austin, San Antonio, and across Texas are reassessing restrictive covenants amid heightened scrutiny. This article explains Texas enforcement requirements, key exceptions

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