Chapter § 10-1 Initial Considerations

• Jurisdiction: United States

10-1 Initial Considerations

You now have liability evidence for breach of a restrictive covenant obtained from your client, from third parties, or through a Rule 202 action. In preparing to enforce your restrictive covenant, it is critical to first determine your objectives and formulate your game plan. Be realistic and manage your client's expectations accordingly. If you don't, then expect your client to be a one-off client.

Ultimately, the most difficult part of enforcing a restrictive covenant is identifying the relief you seek. This is especially true when obtaining injunctive relief because you must draft a proposed injunction that is able to withstand later challenges— remember, Section 15.50 of the Texas Business and Commerce Code allows for the recovery of attorney's fees if a defendant successfully dissolves an improper injunction. Moreover, your trial court will not be pleased if you supply it with a defective injunction and will likely...