HOUSTON – Bloomberg Law recently included firm founder Ashish Mahendru in a story about employers and the enforcement of noncompete disclosures during the COVID-19 pandemic in the article, “Noncompete Agreements Face Scrutiny from Courts Amid Pandemic.”
The Bloomberg article references a case in Houston in which Mr. Mahendru was successful in securing a temporary restraining order (TRO) against a former employee of his client Cy-Pain & Spine. The order found that a doctor previously employed by Cy-Pain & Spine had opened other clinics in direct competition with Cy-Pain & Spine.
According to the article, employers will typically ask early on for a TRO to enforce a noncompete agreement and prevent a worker from taking a new job or opening a competing business. To clear this hurdle, the company must prove irreparable harm because of its former employees’ actions.
“While the ongoing pandemic may affect some courts’ willingness to enjoin physicians, our case dealt with a pain-management physician whose practice does not involve the treatment of COVID patients,” said Mr. Mahendru. “The court crafted a narrow injunction that enforces the parties’ carefully negotiated non-competition agreement while still allowing the competing physician ample opportunity to see and treat patients across most of the Houston area.”
Despite the widespread use of noncompete agreements across multiple industries, the impact of COVID-19 on the workforce continues to raise questions about the scope and legitimacy of these types of contracts. Adding further complications are the varying state laws that are associated with these types of disputes.
To read Mr. Mahendru’s commentary in its entirety, visit Bloomberg Law and click on the August 19 article “Noncompete Agreements Face Scrutiny from Courts Amid Pandemic.”
The lawsuit is Cy-Pain & Spine PLLC vs Dao, Thuan D (MD), case number 202045309-7, in the 127th District Court in Harris County, Texas.
Mr. Mahendru is a business and commercial litigator with an extensive track record for representing clients in trade secrets and noncompete disputes, as well as energy, construction, employment, securities and real estate cases. He has received consecutive selection to the annual list of Best Lawyers in America for his work in employment law-management. For more information about Mr. Mahendru’s practice and his team of attorneys at Mahendru P.C., visit https://thelitigationgroup.com/.