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Partner in Charge

Andrew Weber
Andrew Weber - Attorney Spotlight
"I am thrilled to head up Kelly Hart in Austin, our capital city where law, policy and politics meet. I get to utilize my public-sector experience and work with a talented group of attorneys whose extensive knowledge and creativity ensure exceptional service to our clients. Whether clients have an energy, environmental, or governmental issue (or all three), and whether solutions are negotiated or litigated, we have the depth and breadth to achieve great, cost-effective results."

Russell Cawyer Authors Blog on Employee Fiduciary Duties

In Texas, absent a valid non-compete agreement, an at-will employee generally is free to compete with the former employer so long as the employee does not take or use the company’s confidential information or trade secrets.  A recent case from the El Paso Court of Appeals helps define what constitutes preparing to compete versus actively competing.

Russell Cawyer's blog post—entitled “El Paso Court of Appeals Clarifies Fiduciary Duty At-Will Employees Owe to Employers” and published on the Texas Employment Law Update—suggests that any employee considering leaving his or her present employer to start a competing business must take steps to avoid crossing the line from permissibly preparing to compete to breaching a fiduciary duty owed to the employer.

Kelly Hart represents a number of investment funds that each have in excess of $1 billion in assets