Yes, non-disclosure agreements are enforceable in Texas. That being said, NDAs with a reasonable scope are more likely to hold up in court if challenged. Sometimes, if a challenged NDA is too broad, the court may reform it. This means that the business cannot recover damages from violations of the previous agreement.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Unless the agreement is required to be in writing under Texas' Statute of Frauds, a verbal agreement is enforceable under Texas law.
Absolutely. Texas businesses can and should continue to protect their interests through legally compliant nonsolicitation and nondisclosure agreements. The key is ensuring that these agreements are drafted to meet legal standards for reasonableness and necessity.
In Texas, it would not violate any law to adopt a policy such as the following: "XYZ Company prohibits any activity or exchange of goods, property, or services that significantly promotes, supports, or enables any business activity of a competitor, unless such activity or exchange has been discussed and approved in ...
(a) A person may recover reasonable attorney's fees from an individual, corporation, or other entity from which recovery is permitted under Section 38.001 as compensatory damages for breach of a construction contract as defined by Section 130.001.
Chapter 134 allows the successful party – plaintiff or defendant – to recover fees, and it is a “shall” award provision. These statutes all say a prevailing defendant may recover his attorney's fees from his opponent as part of a judgment.
Several Texas legal aid organizations provide legal advice and representation to low-income people. These organizations help with certain types of cases, like landlord/tenant issues or child custody disputes. See our Legal Assistance Organizations guide for a list of legal aid groups.