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Click here for the full text of this decision FACTS:This is an accelerated appeal from the partial denial of The Reach Group LLC’s (TRG) request for a temporary injunction enjoining Scott Ratchinsky and Autie McVicker, two former employees and the company they formed from soliciting certain clients in violation of their employment agreements with TRG. HOLDING:Affirmed. TRG argues that the covenants not to compete/nonsolicitation provisions contained in the employment agreements are enforceable under Texas law, and that the trial court abused its discretion in refusing to grant a temporary injunction against appellees, and in favor of TRG, despite undisputed evidence establishing breaches of the covenants. The court notes that, in the contest of a covenant not to compete, a covenant will not be enforced by an injunction where the party seeking the injunction has failed to show that without injunctive relief he will suffer irreparable injury for which he has no adequate legal remedy. Ratchinsky and McVicker argue the denial of the injunction was proper because TRG has an adequate remedy at law. The court agrees and holds that the testimony presented at trial by TRG “established only a fear of possible injury,” and such a contingency “is not sufficient to support issuance of a temporary injunction.” Because TRG has failed to establish it faced probable, imminent and irreparable injury in the absence of a temporary injunction, the court holds that the trial court did not abuse its discretion in denying TRG’s request for a temporary injunction. The court declines to address TRG’s issue as to the validity or invalidity of TRG’s agreements with Ratchinsky and McVicker and notes that will be determined at a trial on the merits, as will computation of damages, if any, awarded to TRG. OPINION:Anderson, J.; Yates, Anderson, and Hudson, JJ.

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