Continuing to chip away at one of its prior decisions, the Texas Supreme Court just made it a bit easier to enforce restrictive covenants in Texas. In Marsh USA, Inc. v. Rex Cook, the Court rejected prior precedent as it considered whether an employer could enforce a non-compete signed by an employee in exchange for stock options. The answer in Texas is now a clear “Yes.” And there is room to conclude that cash may suffice as consideration to support a non-compete.

Companies seeking to protect their trade secret need to implement measures designed to protect the secrecy of the information at issue. This post contains a checklist of issues companies might consider.

As with any contract, to be enforceable, a non-compete must be supported by consideration. The Colorado Supreme Court recently fell in line with the clear majority position by finding that continued employment alone is sufficient consideration.