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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 served as lead counsel in the landmark Texas Supreme Court case defining the scope of aider and abettor liability under the Texas Securities Act