Texas Noncompete Fight Can't Be Ended Under Speech Law

Law360 (November 14, 2019, 7:38 PM EST) -- A former vice president for a land surveying company can't use a Texas free speech law to end the company's noncompete lawsuit against him because it falls under a commercial speech exemption, an appellate court held Thursday.

The Fourteenth Court of Appeals in Houston determined that the Texas Citizens Participation Act doesn't apply to the claims Percheron Holdings LLC brought against Jeffrey Hieber, whom Percheron alleges violated agreements by leaving to work for competitor LJA Surveying Inc. and stealing a client. The TCPA allows for the quick end of lawsuits filed with an intent to chill free speech.

The exemption in...

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