Non-competes (also commonly referred to as covenants not to compete) are agreements contained in employment contracts whereby the employee promises not to open a competing business or go to work for a competitor, both during his or her employment, as well as for an additional amount of time post-employment. Many employers require key employees and executives to sign non-competition agreements as a condition of employment. The limitations placed on employees in non-compete agreements are meant…

The U.S. Supreme Court’s recent decision in Fort Bend County v. Davis opens a narrow door for plaintiffs to attempt bringing claims under Title VII of the Civil Rights Act of 1964, as amended without previously filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) asserting such claims. In Davis, the Court unanimously held that Title VII’s charge-filing requirement is not a jurisdictional requirement that can be raised at any stage of…

The U.S. Supreme Court’s recent decision in Fort Bend County v. Davis opens a narrow door for plaintiffs to attempt bringing claims under Title VII of the Civil Rights Act of 1964, as amended without previously filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) asserting such claims. In Davis, the Court unanimously held that Title VII’s charge-filing requirement is not a jurisdictional requirement that can be raised at any stage of…

Enacted in 2011, the Texas Citizens Participation Act (TCPA) is a tool for courts to swiftly dismiss unsubstantiated legal claims brought for the purpose of discouraging public speech and association. Such claims – referred to as strategic lawsuits against public participation (or SLAPP suits) – are filed to intimidate individuals and silence the exercise of First Amendment rights to freedom of speech, petition, and/or association. The TCPA (also referred to as the Texas anti-SLAPP statute)…

In light of the government’s successful prosecution of the Forest Park Medical Center bribery and kickback case, physicians, practice groups and health care executives should carefully examine their contractual relationships with hospitals, consultants, vendors and employees. Evidence presented during the aggressive prosecution of the physician founders, administrators, surgeons and other affiliates of Forest Park Medical Center offers some important takeaways to guide health care professionals in their contracting relationships. The Forest Park 21 Some quick…