Roquemore Skierski PLLC

Practice Areas

Dallas Non-Compete Lawyer

Roquemore Skierski PLLC helps employees, key stakeholders, and business owners review, defend, and enforce non-compete agreements.

Unmatched Local Knowledge |  100+ Years of Combined Experience  |  24/7 Availability

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A non-compete is a contract clause that limits where you can work or who you can work for or with after a business relationship – usually an employment relationship – ends. In Dallas, non-compete disputes often move fast because employers may ask a judge for an early injunction, which is a court order temporarily restraining certain conduct while the case seeking to enforce a non-compete agreement proceeds.

 

Roquemore Skierski PLLC handles non-compete matters for business owners, executives, and key employees. If you are facing a non-compete dispute, you will usually need an early, practical answer: whether the restriction is enforceable, what risk you or your business face right now, and what steps reduce the need for court intervention.

Legality Of Non-Compete Agreements

Texas generally allows non-compete agreements, but only if they fit the Texas Covenants Not to Compete Act. In general terms, a non-compete is enforceable only if it is tied to an otherwise enforceable agreement and the limits set forth in the agreement are reasonable in time, geographic area, and scope of activity. Courts also look at what business interest the restriction protects, such as goodwill, client relationships, or confidential information.

 

If the restriction is broader than necessary, a court may narrow it rather than throw it out. That reality affects both legal strategy and how to draft agreements that hold up in court.

Enforcing a Non-Compete Agreement in Dallas

If you need to enforce a non-compete, timing and proof matter. In many cases, the first fight is over temporary relief, including a temporary restraining order (TRO), which is a short-term order that can be issued quickly, and a temporary injunction, which can extend restraints while the case develops.

 

Enforcing a non-compete agreement relies on:

 

  • the signed agreement and any related confidentiality, non-solicitation, or equity documents
  • the protectable interest being safeguarded, such as client relationships or confidential processes or information
  • the conduct that violates the restriction, tied to dates, communications, and customer movement
  • whether and why the non-compete limits are reasonable and connected to a business purpose

 

When the facts support enforcement, remedies may include court orders and damages, along with targeted discovery to lock down evidence early.

Defending a Non-Compete Agreement Breach in Dallas

If you are facing a demand letter or lawsuit, you will typically need to evaluate your position and  risk before litigating a case.

 

Defense strategies commonly rely on:

 

  • the non-compete not being tied to an otherwise enforceable agreement, or required consideration is missing
  • the time, geography, or scope of the agreement is broader than necessary or permissible under Texas law
  • the employer trying to use a non-compete to punish competition rather than to protect a legitimate interest
  • the alleged “confidential” information being public, stale, or otherwise not confidential
  • the requested injunction being broader than the contract or the evidence supports

 

Because courts may narrow an overbroad restriction, defense often includes pushing for a limited order while the case is litigated or resolved.

Drafting Non-Competes For Businesses

If you are drafting a non-compete for your business, your goal should be enforceability and clarity. Non-competes are more often enforceable when they are narrowly tailored to match business interests and are tied to strong confidentiality and non-solicitation terms. Drafting often involves:

 

  • tailoring the restriction length, geographic area, and restricted activities to business needs
  • aligning the non-compete with trade secret and confidentiality rules
  • planning for exits, including return of property, device access, and client communications
  • adding dispute -resolution terms, including forum selection and/or arbitration clauses when appropriate

Non-Compete Review in Dallas

If you are asked to sign a non-compete, an attorney should review it to ensure it is appropriate to your role. A non-compete review from Roquemore Skierski PLLC typically covers:

 

  • the trigger events such as resignation, termination, or a change in role
  • the restricted activities and how they connect to your job duties 
  • the geographic limits and whether they align with where the business operates
  • non-solicitation and confidentiality provisions that may be more restrictive than the non-compete requires

Accurately Interpreting Non-Compete Agreements

Many disputes are not about whether there is a non-compete agreement. They are about what the non-compete actually restricts. Interpretation focuses on defined terms, the scope of “competition,” customer and territory definitions, and any carveouts or exceptions.

 

Interpreting non-compete agreements also involves evaluating how the agreement interacts with other documents, such as equity grants, partner or shareholder agreements, separation agreements, and internal policies.

Attorney Kelvin Roquemore

Kelvin Roquemore

Non-Compete Lawyer

Case Results

Mergers & Acquisitions, Business Sale

Our client, an owner operator, engaged us to negotiate and execute the sale of her hospice in Mequite, Texas to a national entity for $450,000. We coordinated due diligence and sucessfully negotiated the final terms of a deal and transition, so patient care continued without interruption and existing staff remained in place. 

Partnership Dispute, Misuse of Funds

Our client started a retail business with two partners. Without his knowledge, his partners excluded him from ownership paperwork and used his personal credit card to cover business expenses, and charged nearly $25,000 to the account. After filing a demand letter and TRO, our client was able to recover the misused funds. 

Commercial Real Estate, Breach of Contract

Our client, the largest tenant in a development, signed a lease with landlord who subsequently sold the property to a new landlord. The new landlord harrassed our client and fabricated a reason to terminate his lease, destroying our Client’s business. Roquemore Skierski was hired to collect damages.

Breach of Contract, Failure to Pay

Our client entered into an agreement with the defendant to perform fulfillment services for a fee. Despite a clear obligation, the defendant breached the contract by failing to pay. Roquemore Skierski was been retained to collect what was due under the contract, including damages, unjust enrichment and promissory estoppel. 

Commercial Real Estate, Failure to Pay

Our client, a commercial landlord, settled with a former tenant who breached his lease with an executed agreed judgement. The tenant subsequently breached the terms of his settlement, and Roquemore Skierski was hired to handle the post-judgment collection of the amounts due under the judgment.

Mergers & Acquisitions, Failure to Pay

Our client, a physician, sold his practice and LLC by a promissory note and purchase agreement for $682,000. After closing the deal, the buyer defaulted on their promissory note and failed to make payments. Roquemore Skierski PLLC was hired to enforce the contractural rights, including damages, under the transaction documents.

Commercial Real Estate, Lease Default

Our client, a physician, sold his medical practice, but continued as the landlord to the practice as he owned the building. The buyer of his practice and new tenant defaulted on a 20 year lease after two months. Roquemore Skierski was hired to enforce the lease agreement and collect monetary damages for the breach of contract.

Breach of Fiduciary Duty

Our client invested $50,000 with an investment advisor, who subsequently stopped communicating with clients. Roquemore Skierski was hired to bring claims of fraud, breach of fiduciary duty, and breach of contract, and secured a judgment against the advisor for principal paid, the promised return on investment, and attorneys’ fees.

Breach of Contract, Failure to Pay

Our client, a large corporate contractor, performed fiber optic work pursuant to a sub-contractor agreement with a general contractor. The general contractor withheld funds of $200,000 for the work our client performed. Roquemore Skierski was hired to enforce our clients’ contractual rights against the general contactor.

Defense Against TRO

Our client, a commercial lender purchased a defaulted $485,000 note and deed of trust from the originating lender. Upon noticing foreclosure, the debtor filed a lawsuit claiming wrongful foreclosure and secured a TRO. Roquemore Skierski was hired to defend the lawsuit and respond to the TRO, which had dissolved.

Breach of Fiduciary Duty, Fraud

Our clients entered into a startup business to buy and sell real estate. The parties secured a loan to fund operations, which the defendant immediately diverted to a separate company. Although he initially repeatedly promised to return the money, he stopped responding to our clients. Roquemore Skierski was hired to recover the stolen funds.

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Do you need to speak to a Dallas non-compete lawyer?

If you need immediate advice or a fast response to a demand letter, call Roquemore Skierski PLLC at 972-325-6591. If you are planning an exit, hiring from a competitor, or tightening internal agreements, a Dallas non- compete attorney can help you assess enforceability, reduce risk, and put a workable plan in place.

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While our business litigation attorneys are based in Downtown Dallas, we proudly serve clients in and around Addison, Carrollton, Cedar Hill, Coppell, DeSoto, Farmers Branch, Flower Mound, Forney, Garland, Grand Prairie, Grapevine, Highland Park, Irving, Oak Cliff, Richardson, Rockwall, Rowlett, Royse City, University Park, and the surrounding area. Whether your company is facing a contract dispute, partnership conflict, or other commercial challenge, we deliver strategic counsel and strong representation across the DFW Metroplex.