Andrew Pearce

About
Awards & Recognitions
Affiliations & Community
Representative Matters
News & Press
Testimonials

About

Andrew Pearce’s peers in the legal community have described him as a “highly skilled attorney and advocate” and an “outstanding attorney skilled at litigation and early case evaluation.” Andrew is BoyarMiller’s Litigation Group Chair, having begun with BoyarMiller’s Litigation Group in September 2007 after clerking at the firm during law school. Andrew’s practice primarily involves non-compete and trade secret litigation, partnership disputes, and general commercial contract disputes, but Andrew has represented both individuals and corporations in most types of commercial and business litigation. In all his endeavors, Andrew strives to embody the mission of BoyarMiller: to provide counsel beyond expectations, build lasting relationships and make a meaningful difference in people’s lives.

Andrew has been consistently recognized as a Texas Super Lawyer since 2020 and a Houstonia Magazine Top Lawyer since 2021. Andrew has been heavily involved in the Houston Bar Association since 2010, including Chair of the HBA Litigation Section in 2018-2019. He is a Texas Bar Foundation Life Fellow and a Houston Young Lawyers Association Foundation Fellow.

While at South Texas, Andrew received the Dean’s Award for Outstanding Student Advocate, the Student Bar Association’s Award for Outstanding Male Graduate, and election into the National Order of Barristers. He was chairman of the Board of Advocates, a member of Law Review, and represented South Texas College of Law Houston’s nationally recognized advocacy program at six varsity competitions.

Areas of Focus

General commercial litigation
Employment, trade secret, and non-competition disputes
Partnership disputes

Education

JD, South Texas College of Law Houston
- South Texas Law Review, Member
- The Order of Barristers
BJour, University of Texas

Awards & Recognitions

Texas Super Lawyers (2020-2023)
Houstonia Magazine’s Top Lawyer – Commercial Litigation (2021, 2022)
Texas Super Lawyers Rising Stars (2013-2017)
HBA President’s Award recipient (2012)
Dean’s Award for Outstanding Student Advocate
The Student Bar Association’s Award for Outstanding Male Graduate

Affiliations & Community

Affiliations

Texas Bar Foundation Life Fellow
Houston Young Lawyers Association Foundation Fellow
Houston Bar Association
Texas Bar Association
American Bar Association

Community

HBA Houston Lawyer Committee (2018-2019), Associate Editor (2020-2023)
South Texas College of Law Houston Alumni Association Board of Directors (2019-2020)
HBA Continuing Legal Education Committee (2018-2019)
HBA Litigation Section Chair (2018-2019)
HBA 2019 Civil/Appellate Bench Bar Conference Committee Member
HBA Litigation Section Chair Elect (2017-2018)
HBA Litigation Section Treasurer (2016-2017)
HBA John J. Eikenburg Law Week Fun Run Co-Chair (2012-2013) and Committee Member (2010-2017)
HBA Habitat for Humanity Committee Member (2013-2014)
South Texas College of Law Houston Varsity Moot Court Program, Advocacy Adjunct

Representative Matters

All matters

All matters
energy oil gas
manufacturing and distribution
consulting
technology
hospitality
real estate
healthcare

Won a multi-million dollar arbitration award on behalf of the owners of a software company against an oilfield services company who purchased their company. The claims and recovery related to misrepresentations made during negotiations and execution of a stock purchase agreement. After 15 days of evidence, the three-member panel ruled unanimously in favor of our client.

Energy – Oil & Gas

Obtained summary judgment from Supreme Court of the State of New York, Commercial Division, and affirmed by New York Appellate Division, First Department. Representing sellers of a valve distribution company in claims brought by the buyer for alleged damages and claims for indemnification based on the terms of the parties’ Stock Purchase Agreement. Sellers filed counterclaims for the amounts owed under the Stock Purchase Claims, as well as for fraud against the private equity firm that purchased the company and its principals.

Manufacturing and Distribution

Won a jury verdict for a homeowner against a designer she hired to provide interior design services. Although our client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. A unanimous jury rendered a verdict in favor of our client finding that the designer breached their agreement.

Consulting

Won a summary judgment on behalf of a software utilities and management company and its chief executive officer on a breach of contract claim filed by two of the company’s former employees. The former employees claimed they were owed approximately $360,000 based on an amendment to an original purchase agreement regarding the sale of a software program. Summary judgment was awarded when it was shown that the amendment lacked material terms and was unenforceable as a matter of law. Following summary judgment, the former employees settled their remaining claims on very favorable terms for our clients.

Technology

Obtained dismissal of an antitrust action in federal court in Arizona.

Represented employees in lawsuits against former employers based on employer’s refusal to pay past due compensation or to honor obligations under employment agreements and/or severance agreements.

Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm. The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partners’ employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.

Consulting

Won partial summary judgment on behalf of restaurateurs on a breach of fiduciary duty/usurpation of a valuable partnership opportunity and oppression claim filed by restaurateurs’ partners. Also won a motion for partial summary judgment declaring a “Right to Participate” clause contained in the Partnership’s Operating Amendment invalid. Based on the alleged right to participate, the restaurateurs’ partners claimed to have an interest in a subsequent endeavor created and developed by the restaurateurs. Summary judgment was awarded when it was shown that the “Right to Participate” clause was invalid, and subsequently, the Court failed to find any breach of fiduciary duty or oppression on the part of the restaurateurs. Ultimately, this summary judgment led to a favorable settlement of the entire dispute for our clients.

Hospitality

Representing supplier of oilfield steel for use in the oil and gas industry in a lawsuit brought by a competitor alleging a former employee provided our client (his new employer) with confidential customer lists, vendor contact information and sales data owned by his former employer. Successfully obtained transfer of lawsuit from United States District Court for the Northern District of Illinois to the Southern District of Texas based on argument that Texas was a more convenient forum as the location of material events, the residence of defendants and most potential non-party witnesses, as well as the relative interests of justice.

Energy – Oil & Gas

Representing a world leader in premium insulation coatings against former employees and distributor for misappropriation of its confidential information and trade secrets. Successfully obtained a temporary injunction to prevent the use and/or disclose our client’s confidential insulating coating formulas and manufacturing processes.

Manufacturing and Distribution

Represented supplier of oilfield steel for use in the oil and gas industry in a lawsuit brought by a competitor alleging a former employee provided our client (his new employer) with confidential customer lists, vendor contact information and sales data owned by his former employer. Successfully obtained transfer of lawsuit from United States District Court for the Northern District of Illinois to the Southern District of Texas based on argument that Texas was a more convenient forum as the location of material events, the residence of defendants and most potential non-party witnesses, as well as the relative interests of justice.

Energy – Oil & Gas

Obtained summary judgment in bill of review proceeding initiated to vacate default judgment in state district court, which had been rendered without proper service of process on non-resident defendant under the Texas long-arm statute.

Represented real estate developer in dispute arising from the seller’s breach of a contract for the sale of real estate. The seller executed the contract for sale to the developer, but refused to close the sale, claiming the agent that brokered the deal did not have authority to negotiate on its behalf.

Real estate

Affirmed by the Fifth Circuit in a dispute involving opposing party’s attempt to compel arbitration.

Represented commercial landlords and tenants in disputes involving non-payment of rent and other lease-related disputes.

Real estate

Represented employers in the defense of employment discrimination claims.

Represented a health care system in South Texas in a lawsuit against former insurance agents for violations of the Texas Insurance Code, violations of the Texas Theft Liability Act, conversion, fraud, fraud by non-disclosure, negligent misrepresentation, and breach of contract.

Healthcare

Represented radio personalities in a lawsuit filed against them alleging breach of their affiliation and syndication agreements.

Represented a homeowner in a dispute against home builder for failure to timely complete construction and subsequent refusal to return Earnest Money, Change Order Funds and Good Faith Money.

Represented individuals in disputes arising out of partnership agreements or other corporate entities, including limited liability companies and close corporations.

Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of their valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on pre-sale representations allegedly made by the entrepreneurs. In doing so, the buyer sought to avoid paying the bulk of the purchase price for the entrepreneurs’ company. On competing summary judgment motions, the New York Supreme Court – Commercial Division rejected the buyer’s claims (including claims for fraud, breach of contract, indemnification, and set-off) and granted the entrepreneurs’ affirmative claims for breach of the various promissory notes at issue. The New York Court also awarded attorney’s fees to the entrepreneurs.

Energy – Oil & Gas

Manufacturing and Distribution

Successfully defended both a no-evidence and a traditional motion for summary judgment moving to dismiss all claims filed by a mixed-use real estate developer against its former joint-venture partner.

Real estate

Pursued claims on behalf of a developer for breach of a contract following its attempt to purchase a piece of real estate. The client executed an agreement to purchase the property with an agent for the seller, but was then informed that the property’s tenant had exercised its right of first refusal to purchase the property. Our client subsequently learned that the seller backed out of the sale with the tenant and our client sought to enforce its original purchase agreement. The seller argued that the agent who brokered the deal did not have authority to execute the agreement with our client. The parties settled the lawsuit on favorable terms to our client.

Real estate

Successfully represented a national accounting firm against claims brought by a departing partner. Successfully obtained a summary judgment ruling in arbitration that disposed of the departing partner’s largest claim. Following a hearing, the departing partner’s remaining claims were denied in their entirety and our client was awarded recovery of all attorneys’ fees and arbitration fees incurred in the matter.

Latest News & Press

November 6, 2023

BoyarMiller appoints Litigation Shareholder Andrew Pearce to Executive Committee

July 24, 2017

Non-party discovery in Texas: What should you do if you receive a discovery subpoena?

June 1, 2015

BoyarMiller Announces Election of Two Shareholders

March 11, 2011

Unanimous Jury Verdict in Contract and Non-Compete Case

The onset of litigation is like setting sail into the unknown, seeing the storm, bracing for turbulent seas.

You can trust your ship is in high command. BoyarMiller is an exceptional navigator; leading with great instincts, seasoned knowledge and cool confidence.

At the end of your journey, I am sure, you will call your Captain, friend.

Andrew Pearce has provided litigation services for restaurant concepts Hopdoddy Burger Bar and Moonshine Patio Bar & Grill.

Chuck Smith Restauranteur, Co-Founder, Hopdoddy Burger Bar and Moonshine Patio Bar & Grill

Weaver has been working with BoyarMiller for the past three years with great success. Andrew Pearce has been our main contact and has helped us resolve several disputes that could have resulted in litigation. Steve Kesten has handled our corporate needs and helped us work through several successful M&A deals. Andrew, Steve and their associates are extremely responsive and detail oriented. They resolve disputes and close transactions as efficiently as possible versus dragging out deals to their benefit. Weaver could not be happier with BoyarMiller and looks forward to a long prosperous relationship.

John J. Mackel CEO, Weaver

I look for outside counsel who are not only skilled trial attorneys and effective mediators, but also have business savvy and instill a sense of trust. I have worked with BoyarMiller for over a year and they check all the boxes. As a manufacturing company with distribution around the world, we frequently face complex disputes and claims that potentially have significant impact to the company. Chris Hanslik and his excellent colleague, Andrew Pearce, have taken the time to fully understand our business as well as the industry in which we compete. I have found them to be nimble and able to devote the resources needed to get the job done in a timely fashion. They have been able to distill complex litigation to the essential issues and provided clarity of thought in their analysis of the merits of the cases and their potential impact on the company. It is this combination of trial skills and business acumen that separates them from other firms. I highly recommend the team at BoyarMiller.

Jason L. Rumsey General Counsel, Farouk Systems Inc.

Recently a very important client of mine needed legal representation in Texas. I interviewed quite a number of very good lawyers and settled on Andrew Pearce and Whitney Brieck with BoyarMiller in Houston. I needed an attorney to jump in immediately on behalf of my client as the matter was highly time sensitive. They wasted no time taking control of the litigation matter and saw it to a very successful conclusion. My client could not have been happier with me for finding BoyarMiller and recommending them. They made me look great! The quality of their work is absolutely of the highest order. Moreover, they’re great communicators. Calls and emails are answered or returned very promptly. I found Andrew and Whitney to be extremely tenacious yet professional in every way; as well as experienced, knowledgeable, and courteous at all times. They delivered outstanding results in a timely manner at a very fair price. I can’t recommend them more highly.

Richard Joseph