Steele Sturm, PLLC once again thwarts a former employer's attempt to enforce a non-compete agreement against a departing employee. The most recent victory involved a former business development consultant of EMS USA, Inc. At issue was the enforceability of a non-compete agreement that purported to restrict the consultant from doing business with any of EMS's clients on behalf of another employer. Before Steele Sturm's involvement, EMS had persuaded a Harris County court to issue a temporary restraining order enjoining the consultant from such conduct.

On May 26, 2009, a different Harris County court denied EMS's application for a temporary injunction and dissolved the previously issued temporary restraining order. The Court ruled that the non-compete agreement was not likely to be enforceable at all, and even if it were enforceable, that it was over broad. (See attached order.) Charles Sturm, Kevin Kennedy and Howard Steele represented the client.