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Managing the Modern Workplace
V&E International Labor & Employment Resources

The Westeros Citizens Participation Act (Yeah, Right)

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

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Don't Be Surprised When an Employment Case Is SLAPP'ed

Consider a scenario that many in-house lawyers and HR professionals are all-too familiar with: an employee is terminated or leaves the company. After the employee’s departure, the company learns the employee has gone to work for a competitor, and after checking the employee’s computer, the company learns he plugged in a flash drive and downloaded files containing confidential information, including customer lists, just days before leaving. Under this scenario, the employee signed an employment agreement containing non-compete, non-solicit, and confidentiality provisions. 

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Texas Supreme Court Gives Employers New Tool to Slap Down Defamation Claims

When a company does an investigation, it needs honest answers from its supervisors. But how does that happen if the supervisors are worried about being sued for defamation by the employees involved? Travis Coleman, for example, was fired by Exxon for failing to gauge storage tanks at a facility where he worked as a terminal technician. Coleman then sued Exxon and his supervisors, alleging that he had been defamed by statements made by the supervisors to the company’s safety investigators.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner