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John R.W. Fugitt

John Fugitt concentrates his practice on civil litigation in state and federal courts, with a primary emphasis on litigating and drafting non-competition, non-solicitation, and other restrictive covenant agreements, complex contractual disputes, trade secret protection, real property litigation, and business torts. John has represented clients in commercial disputes throughout Texas, in both state and federal court, in matters ranging in size from small commercial evictions before the local justice of the peace to cutting edge non-compete litigation before the Texas Supreme Court. John has experience in non-competition, non-solicitation, and other restrictive covenant agreements under not only the laws of Texas, but also other U.S. jurisdictions, Canada, and the United Kingdom.

John also routinely provides his clients with pre-litigation counseling, constantly searching for ways to protect his clients from issues before they arise. John frequently partners with the firm’s corporate counsel to provide his clients with partnership, company and shareholder agreements, and other legal solutions.

John also has experience counseling clients on GDPR compliance, as well as preparation of corporate policies and procedures on harassment, trade secret protection, and other matters.


  • J.D., cum laude, The University of Texas School of Law, 2002, Order of the Coif
  • B.A., summa cum laude, Texas A&M University, 1998


  • State Bar of Texas
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
Representative Matters
  • Represented prevailing party in Marsh USA Inc. v. Cook, the 2012 Texas Supreme Court case on enforceability of non-compete agreements in the state of Texas.
  • Obtained full dismissal of over forty-three claims against six clients in dispute alleging libel, defamation, and slander based on contents of letter of complaint to American Quarter Horse Association.
  • Obtained award of over $60,000 in sanctions against opposing attorney, firm, and client based on filing of frivolous and harassing lawsuit.
  • Obtained summary judgment for small business in multi-million dollar lawsuit against major retailer involving sale of goods under the Uniform Commercial Code.
  • Obtained settlement after obtaining temporary restraining order on behalf of inmate telecommunications provider in case involving breach of asset purchase agreement, patent license agreement, and related contracts.
  • Obtained summary judgment in invasion of privacy lawsuit based on alleged disclosure of electronic data.
  • Obtained summary judgment for condominium owner in real estate contract dispute against developer.
  • Resolved non-compete dispute on behalf of employer against former employees involving breach of fiduciary duty and misappropriation of trade secrets.
  • For more information on John's experience, see his list of published opinions.

  • Selected by attorney peers as a Texas Rising Star®, Texas Monthly, 2007, 2014 and 2015.
  • While at Texas A&M, John served in the Corps of Cadets and the Aggie Band, ultimately earning the rank of Cadet Lieutenant Colonel and serving as Head Drum Major of the Aggie Band from 1997 – 1998. He was also one of 72 juniors in the Corps of Cadets chosen to serve in the Ross Volunteer Company, the official honor guard for the Governor of the State of Texas.
Activities & Memberships
  • State Bar of Texas
  • “Texas Covenants Not to Compete – Non-Competes After Marsh v. Cook,” Bell Nunnally & Martin LLP
  • “Commercial Evictions,” Landlord and Tenant Law
  • “Texas Business & Commerce Code: Chapter 9 – Secured Transactions,” National Association of Credit Management's Credit and Financial Development Division, Fort Worth/Dallas Chapter (written materials)

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