Knowing that there’s no rule against noncompetes, employers are back to drafting agreements with an eye to enforceability according to state law. While it is always important to know the law of the state where the employee works (and lives) to draft an enforceable noncompete, there are some general lessons that can be taken from a recent Texas case where the employer sued a former executive to enforce its restrictive covenants.
On March 12, 2026, in Galderma Laboratories, L.P. v. Brenner, the Texas Business Court granted a temporary injunction enforcing the executive’s noncompete agreement with some modifications. Erick Brenner was a senior executive who oversaw Galderma’s Injectable Aesthetics Division, including hyaluronic acid dermal fillers, which was a $1.8 billion portfolio. So Brenner had confidential information about a big-dollar business. He resigned, then took a job as CEO of Prollenium Medical Technologies, a Canadian company that develops and markets the same types of fillers and competes in the U.S. with Galderma.
Galderma filed suit, alleging breach of contract and violation of the Texas Uniform Trade Secrets Act (TUTSA). Following a temporary injunction hearing, the court concluded that Galderma did not show any evidence that Brenner had solicited customers or employees, which was prohibited by the agreement. Further, Galderma’s forensic evidence was inconclusive as to whether Brenner had downloaded or transferred any confidential information to...
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