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Emerging Labor Issues in the Construction Industry

11th Annual Construction Law Conference

February 19 & 20, 1998

San Antonio, Texas

Mario A. Barrera

Wells Pinckney & Mchugh
San Antonio, Texas

Abstract

This presentation focuses on emerging labor issues in the construction industry such as the proprietary and confidentiality nature of data and/or tools which are considered proprietary and the employers' right to maintain the confidentiality of such information. In addition, the presentation focuses on the validity and enforceability of nondisclosure, nonsolicitation and noncompete agreements. Finally, the presentation covers the latest developments with regard to the enforceability and validity of arbitration agreements.


TABLE OF CONTENTS

I. INTRODUCTION 1
II. CONFIDENTIAL INFORMATION 1
    A. How Do Confidentiality Agreements Operate9 1
    B. What Are The Key Elements of a Confidentiality Agreement9 2
    C. What Remedies Are Potentially Available For Violation of a Confidentiality Agreement9 3
    D. Sample Confidentiality Policies 4
Ill. NONDISCLOSURE AND NONCOMPETE AGREEMENTS 6
    A. The Texas Supreme Court Versus The Texas Legislature 6
    B. The Houston Court of Appeals Strikes Down Two Noncompete Agreements 10
    C. The Dallas Court of Appeals Strikes Down Two Noncompete Agreements Because One Was Unenforceable While the Other Did Not Contain Any Geographic Restrictions. The Court, However, Upholds A Nondisclosure Agreement 11
    D. Points to Consider 13
    E. Nonsolicitation of Co-Workers 14
IV. ARBITRATION AGREEMENTS 16
    A. Enforceable Arbitration Agreements 16
    B. An Enforceable Agreement Not Enforced 19
    C. Recommendations 21


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