Thomas P. Carnes
(830) 997-7790 968 Braeutigam Road
Fredericksburg, Texas 78624

Thomas P. Carnes, A Civil Trial Lawyer Serving the Texas Hill Country
Practice Areas

Business Litigation

Post-Employment/Non-Compete & Trade Secret Litigation

Tom Carnes is regularly engaged in the context of business "divorce," disputes between employers and their former employers or between business stakeholders, such as minority and majority shareholders. These cases sometimes involve issues of trade secret misappropriation and covenants not to compete, whether in the employment context or in the context of the sale of a business.

A common thread in many of these cases is that there are often actually two trials — an almost immediate trial in the form of a temporary injunction hearing and, subsequently, a final trial. Lawyers working in this area must be adept at preparing a case for trial on a short time fuse, generally twenty days or less, as the cases are often either won or lost at the temporary injunction hearing. It is, therefore, vitally important to select the right attorney or firm at the outset, while there is still time to gain the upper hand.

Tom has been litigating business disputes and business 'divorces' since 1992. He has litigated dozens of these cases at the temporary injunction phase, and taken several through trial. In short, a client, whether Plaintiff or Defendant, would be hard pressed to find a more experienced, more adept lawyer to assist in the context of a business dispute or business 'divorce'.

Representative Engagements:

  • Tom Carnes successfully defended three former employees whose computers actually contained their employer’s trade secrets in a two-week trial in District Court in Harris County, Texas, resulting in a verdict of only $70,000, in a case in which the Plaintiff’s claimed damages were $3.5 million.
     
  • Tom Carnes participated on a team that achieved a defense verdict for the inventor in a case between business owners over who owned the technology at the core of a software company.
     
  • Tom Carnes participated in nationwide litigation lasting three years between three manufacturers of cardiac devices, resulting in an agreed three-way settlement agreement.
     
  • Tom Carnes participated on a team that achieved the successful defense of an engineering executive of an offshore seismic company against claims of misappropriation of trade secrets, resulting in a settlement in which no damages were paid and the employee was allowed to remain with his new employer, which was a competitor of his old employer.
     
  • Tom Carnes participated on a team which successfully enjoined, by agreement just prior to trial, two medical device salesmen from competing with their former employer in violation of their covenants not to compete and confidentiality agreements.
  • Tom Carnes recently negotiated a business separation on behalf of a retiring shareholder in a closely-held family nursing home operation.
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