Business Litigator & Employment Attorney in Houston - Andrew J. 'Andy' Clark
Andy Clark represents our clients in a wide range of cases—including commercial, construction, and employment disputes.
His commercial and construction experience includes representation of businesses in breach of contract actions, breach of fiduciary duty actions, negligence and product liability actions, and federal statutory actions. He also represents owners and contractors in disputes involving industrial and other construction projects.
Andy’s employment law practice covers all aspects of employment law including non-compete and trade secret litigation, wage-and-hour collective actions, employment discrimination claims, and Department of Labor and EEOC investigations. He routinely assists employers in negotiating agreements, drafting employment policies, investigating internal complaints, and complying with federal and state employment laws.
Prior to joining the firm, Andy practiced labor and employment law in an international law firm based in Houston.
Areas of Practice
- Business Litigation
- Construction Litigation
- Labor and Employment
Bar and Court Admissions
- Texas
- U.S. District Court, Southern and Eastern Districts of Texas
Representative Experience
- Obtained take-nothing judgment after final arbitration proceeding involving workers’ compensation retaliation and malicious prosecution claims.
- Obtained take-nothing summary judgment in federal lawsuit involving race discrimination claim.
- Obtained take-nothing summary judgment in state court lawsuit involving suit on sworn account.
- Obtained decertification of wage-and-hour collective action asserted against general contractor.
- Secured permanent injunction in copyright infringement and Lanham Act case to protect client’s trade name, copyrighted material, and trademark.
- Secured dismissal of Fair Housing Act claim after filing 12(b)(6) motion to dismiss.
- Secured dismissal of negligence claim after filing Rule 91(a) motion to dismiss.
- Secured early dismissal of Telephone Consumer Protection Act claim.
- Obtained temporary injunctive relief in non-competition, misappropriation, and conversion actions in Texas state court.
- Counseled local fire departments and other employers through various personnel issues and internal investigations.
- Submitted amicus briefs to Texas Court of Appeals and Texas Supreme Court regarding sovereign immunity and local paid sick leave ordinances.
- Obtained Public Information Act relief from Texas Attorney General’s office.
Education
- The University of Texas School of Law, Austin, Texas
- J.D. (with honors) – 2016
- Texas Review of Law and Politics, Managing Editor
- Townes-Rice Scholar
- University of Michigan, Ann Arbor, Michigan
- B.A., (with distinction), 2013
Speeches and Publications
- “Update on Independent Contractor Classification Test,” AM Law Alert, January 2021
- “Texas Supreme Court Denies Review of Ruling against Austin Paid Sick Leave Ordinance,” AM Law Alert, June 2020
- “CDC Issues Interim Guidance for Critical Infrastructure Workers with Potential Exposure,” AM Law Alert, April 2020
- “TWC Responds to COVID-19,” AM Law Alert, April 2020
- “CDC Guidelines & the Americans with Disabilities Act,” AM Law Alert, March 2020
- “A New Form I-9 and Other Employment Hot Takes,” AM Monthly Law Alert, February 2020
- “San Antonio Revises Paid Leave Ordinance,” AM Monthly Law Alert, October 2019
- “Dallas’ Paid Sick Leave Ordinance Still in Effect,” AM Monthly Law Alert, August 2019
- “Legal Low-THX Products and Employee Drug Tests,” AM Monthly Law Alert, June 2019
- “Paid Sick Leave Update,” AM Monthly Law Alert, May 2019
- “EEO-1 Filing Deadline Change,” AM Monthly Law Alert, April 2019
- “Employment Short Takes (OSHA/EEO-1),” AM Monthly Law Alert, February 2019
- “5th Circ. Oks OSHA’s Multi-Employer Worksite Citation Rule,” AM Monthly Law Alert, November 2018
- “Temporary Injunction Extends the Battle over Austin’s Paid Sick Leave Ordinance,” Special Employment Law Alert, November 2018
- “An Effective Severance Agreement?” AM Monthly Law Alert, September 2018
- “Andrews Myers Files Amicus Brief on Behalf of Associated Builders and Contractors of Texas, Associated General Contractors-Texas Building Branch and Texas Construction Association in Texas’ Third Court of Appeals on Austin’s Paid Sick Leave Ordinance,” AM Special Law Alert, September 5, 2018
- “Paid Sick Leave Ordinances,” AM Monthly Law Alert, August 2018
- “Considering the ‘Not So New’ DTSA,” AM Monthly Law Alert, July 2018
- “Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions,” AM Monthly Law Alert, May 2018
- “Is Your Handshake Deal a Potential Anti-Trust Violation?” AM Monthly Law Alert, May 2018
- “Non-Competes Under Attack: Trends in Restrictive Covenant Enforcement and Related Drafting Considerations,” (Co-Author), The University of Texas School of Law 24th Annual Labor and Employment Law Conference, June 2017
- “Texas Rejects ‘Self-Publication Theory’ of Defamation,” Media Law Resource Center, MediaLawLetter, June 2017