Randy, a first class chef, was employed by La-De-Da Hotels, Inc, an international hotel chain, to be its head chef at the hotel's four star restaurant in Austin, for a period of one year, beginning on the first day of the month following the date of the agreement.The agreement also provided that, in the event Randy left the hotel's employment for any reason, Randy would not accept employment at any other restaurant in Texas or in any of the states that share a border with Texas, for ten years following the date of termination of such employment.Within a very short time Randy developed several unique dishes which brought substantial success to the Hotel and to his own reputation as a chef.

Eight months later, Randy decided to leave and develop a new line of food trucks featuring his signature dishes.He moved to Santa Fe, New Mexico and set up operations there.When the hotel learned of this, it sued Randy under the covenant not to compete.Randy hires your office to defend him in this suit and you are asked to assign the memorandum setting out the issues that might apply to this situation and discuss how each might affect La-De-Da's likelihood of enforcing the covenant not to compete.