Dallas Office Obtains Permanent Injunction in Non-Compete, Theft of Trade Secrets Suit
Corpus Christi, Texas (March 15, 2019) - Dallas Partner Katherine Compton recently obtained a permanent injunction in Nueces County District Court on behalf of a limited liability company in the business of cleaning out the rotating tanks of cement trucks throughout the United States.
A former employee, who had been a manager of a predecessor company at the time of its purchase by our client, was an integral part of all aspects of the business in his capacity as Operations Manager, and had daily interactions with our client’s customers across the United States. He also made sales trips to meet with the customers and their managers, including our client’s largest customer.
The former employee had entered into an employment agreement with our client, which included a non-compete provision requiring that he not have contact with any of the company’s customers for a period of three years after leaving, and further requiring the relinquishing of any and all information about the client and their business.
When the former employee quit, he took the “corporate notebook” with him, which contained all of the company’s customer lists and other trade secrets information, and then purportedly went to work for a competitor.
At the temporary injunction hearing, while on the stand, a representative for the competitor admitted to receiving our client’s trade secret information. The former employee also had in his possession his cell phone with a text message to the competitor sending them trade secret information. Based on the evidence and testimony, the court granted a temporary injunction. Following the court’s order, the former employee and competitor agreed to a permanent injunction.