The biggest and most costly employment law mistakes committed by businesses are because executives and managers don’t know what they don’t know, according to Mark Shank, a 40-year veteran Texas labor and employment lawyer.
The fastest growing area of employment litigation, according to recent data, involves workers leaving companies for competitors or starting their own businesses. Lawsuits over trade secrets, non-compete contracts and other employment-related litigation have risen dramatically.
“The body of employment laws that require compliance has grown significantly, and compliance is often not intuitive,” said Shank, who is past chair of the State Bar of Texas’ Labor and Employment Law Section. “Employers that do not educate themselves or work with a professional to ensure compliance are creating significant risk for their business.”
This week, The Texas Lawbook announces the release of the 2022 edition of The Texas Litigator’s Guide to Departing Employee Cases, authored by Shank and two Dallas lawyers, David Wishnew and Greg McAllister.
First published in 2016 and now updated with the most recent court decisions, statutory changes and regulatory advisories, Shank’s book is the go-to guide for Texas lawyers handling litigation regarding departing employees.
“Over time, I realized that no one in Texas had compiled a guide for handling such cases,” Shank said. “Cases involving departing employees are often extremely important to businesses. Business entrusts their employees to their trade secrets and knowhow which gives them this competitive advantage.
“Employers want and need to protect their confidential information, and this competitive advantage,” he said. “Conversely, we are much more mobile work force. Employees want to move freely and take advantage of opportunities without violating the law.”
Shank said practitioners often “need a jumpstart in handling these cases for their clients” and The Texas Litigator’s Guide provides it.
The Texas Litigator’s Guide to Departing Employee Cases has 13 chapters that address the legal and practical aspects of handling cases while helping to avoid pitfalls. The book is divided into two sections: Part one looks at the law and the second part addresses litigation strategy.
Please visit Texas Lawbook Publishing to order your copy of The Texas Litigator’s Guide to Departing Employee Cases. The first 50 people to place their order will receive a signed copy.
“Chapter one pulls it all together, providing a quick overview of the many challenges these cases entail,” Shank said. “Other chapters deal with the highly technical issue of injunctions, the intricacies of the Texas Covenant Not to Compete Statute, examines other common law and statutory claims, such the Texas Uniform Trade Secrets Act, the Texas Theft Liability Act, the Computer Fraud and Abuse Act, Duty of Loyalty (fiduciary duty) and tortious interference.”
The Texas Litigator’s Guide also includes chapters addressing discovery, the Texas Anti-SLAPP Protection and arbitration.
The book offers two hidden gems. The first are the substantial number of model forms that are provided throughout the book that lawyers can use during every stage of the litigation. The second treasure is an exclusive compilation of the judges’ thoughts on what successful counsel should do to protect their clients’ interests.
Shank, who is senior counsel at Diamond McCarthy, added two assistant editors as contributors for the 2022 edition of The Texas Litigator’s Guide: David Wishnew and Greg McAllister. Wishnew is a trial lawyer who specializes in business litigation and a partner at Crawford Wishnew Lang in Dallas . McAllister is a partner at the Rogge Dunn Group and focuses on employment litigation.
“Dave and Greg added to the depth of the The Texas Litigator’s Guide,” Shank said. “They are luminaries in the field and add to the strength of our publication. The breadth of experience they provide the reader is extraordinary.”
Wishnew said he has practiced employment law for his entire career and The Texas Litigator’s Guide “is the only publication in Texas that provides comprehensive guidance” about departing employees cases.
“It is an extraordinarily useful resource that I use almost every day,” McAllister added.
The publication of The Texas Litigator’s Guide to Departing Employee Cases also marks the debut of Texas Lawbook Publishing, a division of The Texas Lawbook.
The Texas Litigator’s Guide is available in electronic form and in hardback. The Lawbook partnered with award-winning journalist Loren Steffy and Stoney Creek Publishing on the publication of the book.
“It has been a pleasure working with Mark, Dave and Greg on this important and substantive project,” said Texas Lawbook founder and reporter Mark Curriden. “The Lawbook’s core focus is substantive content for business lawyers who practice in Texas, and Mark’s book is loaded with substantive content.”