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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 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 a California AI Policy That Complies With the CPRA and Protects Trade Secrets

Business Law and Legal Compliance / Jack Gilbert

California businesses using AI must comply with the CPRA’s notice, purpose-limitation, and vendor-contract rules—especially when AI touches personal information and sensitive personal information. In practice, the highest risk comes from training, prompting, and sharing data with AI vendors in ways that expand “use” and “disclosure” beyond what was disclosed to consumers and employees. This article

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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 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 NDA for Early-Stage Startup Pitch Meetings in California Explained

Business Communication / Jack Gilbert

In California, an NDA is generally enforceable when it protects defined confidential information, imposes reasonable limits, and does not function as an unlawful noncompete under Business & Professions Code §16600. Early-stage startup pitch meetings are especially risky because founders often disclose product roadmaps, customer targets, pricing, and technical “how.” This article explains how to draft

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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 Draft an Enforceable Texas Non-Compete Agreement After the 2021 Covenants Not to Compete Act Amendments

Business & Corporate Law / Jack Gilbert

Texas non-compete agreements are enforceable only if they comply with the Texas Covenants Not to Compete Act (Texas Bus. & Com. Code § 15.50) and are “ancillary to or part of” an otherwise enforceable agreement. The 2021 amendments and recent Texas Supreme Court guidance have sharpened how employers should draft, prove, and remedy violations. This

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Trade Secret vs Patent comparison illustration

Trade Secret vs. Patent – Which One to Choose, and When

Business Strategy, Entrepreneurship, Innovation & Technology, Intellectual Property, Legal Guidance / Jack Gilbert

Choose a trade secret when your advantage can be kept confidential long-term; choose a patent when you need enforceable exclusivity and can disclose the invention in exchange for protection that generally lasts up to 20 years. The right choice depends on how easily competitors can reverse-engineer your product, how you plan to commercialize it, and

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