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TX Supreme Court Employment Contract

Seyfarth Shaw LLP

Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

Seyfarth Shaw LLP on

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more

Hendershot Cowart P.C.

Drafting Enforceable Non-Compete Agreements for a Remote Workforce

If you have a remote workforce, chances are you have employees in multiple states. Many of these employees may have access to proprietary information that could damage your business if used in competition against you....more

Freeman Law

Are commissions owed post-termination of employment or engagement? The Procuring-Cause Doctrine Revisited

Freeman Law on

In 1916, the Texas Supreme Court articulated the procuring-cause doctrine, which is a default rule that applies when a valid agreement to pay a commission on sales of property or product does not address whether commissions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Clarifies Standard for Payment of Commissions When an Employment Agreement Is Silent

For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue,...more

Vinson & Elkins LLP

In Texas Contracts, Say What You Need to Say

Vinson & Elkins LLP on

Although not his most lyrically creative effort, John Mayer’s “Say” has a very important lesson for those drafting contracts: “Say what you need to say.” That refrain, which can be heard over 40 times in the original song, is...more

Mayer Brown

Texas Supreme Court Issues Important Decision On How To Calculate Ratio Of Punitive To Compensatory Damages In Multi-Defendant...

Mayer Brown on

Application of the Supreme Court’s excessiveness guideposts to cases involving multiple defendants is one of the more confounding problems that arises in punitive damages jurisprudence. The Supreme Court of Texas got the...more

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