Selection to 2019 guide is latest honor for litigation, appellate firm and co-founders DALLAS – Dallas-based litigation boutique Bailey Brauer PLLC has earned recognition among the Best Law Firms in the country for 2019 by U.S. News & World Report and The Best Lawyers in America. The firm was singled out for its appellate work. Selection is based on extensive client and attorney evaluations, practice-specific peer review and editorial review. To be eligible for consideration, a firm must have a lawyer listed in the annual Best Lawyers in America guide. Firm co-founders Clayton Bailey and Alex Brauer are each recognized in the 2019 edition – Mr. Bailey for his appellate work and Mr. Brauer for commercial litigation. “This firm works to provide our clients exceptional legal advice start to finish, from negotiating disputes and preparing for litigation to trying a case and following through on appeal,” said Mr. Brauer. “To be considered among the top firms is validation of our dedication to our clients.” The full 2019 listing of Best Law Firms can be found at https://bestlawfirms.usnews.com/. This honor is just the latest accolade earned by the Bailey Brauer co-founders. In October, Mr. Bailey was named a Litigation Star in commercial litigation for the fifth year in a row by the Benchmark Litigation legal guide. He was also recognized by Benchmark for his competition-based litigation practice, as well as his international arbitration work. Mr. Bailey and Mr. Brauer were each selected to the 2018 Texas Super Lawyers listing for their business litigation work. The guide to Texas’ top lawyers is published annually by Thomson Reuters in Texas Monthly and Super Lawyers magazines. Earlier this year, Mr. Brauer was recognized for a third consecutive time among

A debate that’s crowed for nearly 10 years with big consequences for the meat industry captured the attention of Bailey Brauer co-founder Clayton Bailey. Given his industry expertise, his guest commentary on the topic appears in the October edition of The National Provisioner. In his commentary, Mr. Bailey says the debate recently heard before the U.S. 8th Circuit Court of Appeals involves arguments that challenge the U.S. Department of Agriculture’s decision in 2017 to withdraw or withhold further actions on three regulations enacted during the Obama Adminstration. The regulations withdrawn in 2017 essentially rolled back the unanimous opinions of eight federal circuit courts of appeals. Each opinion held that a plaintiff must prove harm to competition in order to prevail in court under section 192(a) or (b) of the Packers and Stockyard[s] Act. Mr. Bailey, a trial and appellate attorney with a national reputation for his work within the agriculture industry, writes that without anticompetitive effect requirements, farmers could sue and recover damages for conduct alleged to be “unfair” or that provides another “any undue or unreasonable preference or advantage.” The main reason the USDA withdrew and did not take further action on the regulations was the department’s “serious legal and policy concerns related to the promulgation and implementation” of the regulations. Meantime, the USDA has said that finalizing the regulations would result in violations of the public’s right to notice and an opportunity to comment. The appeal was filed by three poultry and cattle farmers and the Organization for Competitive Markets (OCM) that advocates “for effective regulation and enforcment by the federal government under the Packers and Stockyards Act. They have asked the 8th Circuit to vacate the USDA’s actions and compel the agency

Partners at Dallas firm recognized for appellate, commercial litigation work DALLAS – Clayton Bailey and Alex Brauer, co-founders of the Dallas-based litigation boutique Bailey Brauer PLLC, have been selected for recognition in the 2019 edition of The Best Lawyers in America. Mr. Bailey is being recognized for his appellate work, and Mr. Brauer is included among the leading commercial litigation attorneys in the country. A widely respected litigation boutique, Bailey Brauer and its lawyers have earned multiple honors from BTI Consulting Group, the National Law Journal, Texas Super Lawyers and D Magazine in addition to The Best Lawyers in America. “As a firm, we have always focused on providing clients with comprehensive legal solutions,” said Mr. Brauer. “Earning recognition for both our appellate and litigation expertise is a sign that we have been successful at representing clients in all phases of trial work and appeals.” Mr. Bailey, one of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers, is known for his trial and appellate experience in complex tort and other commercial cases in federal and state appeals courts. In 2017, he was the only Texas-based lawyer selected to the National Law Journal’s Elite Boutique Trailblazers honoring legal innovators who are changing the boutique law landscape. Mr. Brauer, recognized as a leading commercial litigator by various publications, represents companies and high net worth individuals involved in high-stakes business litigation. His practice spans various industries and he has successfully represented clients in both state and federal courts across the country. The profession’s oldest U.S. peer-review guide, The Best Lawyers in America is also among the most respected. Selection is based on confidential evaluations by attorneys in the same practice area and from the same geographic

Looking for what it called a “non-confusing, non-biased” legal perspective on the North Carolina hog farm nuisance trials involving Murphy-Brown, a subsidiary of Smithfield Foods, Meat Packing Journal turned to Bailey Brauer co-founder Clayton Bailey for its July-August 2018 cover story, “Successful Lawsuit Means Open Season On US Producers.” A trial and appellate attorney known nationally for his work within the agriculture industry, Mr. Bailey spoke in-depth on the key issues in the case against the hog farm and the potential impact of the original $50 million jury verdict. “Allegedly, the hog farm complied with laws regulating its operations, but the problem concerned the impact of that operation on the neighbours and whether the neighbours’ rights were infringed. The crux of the lawsuit boiled down to whether the hog farm’s operations substantially and unreasonably interfered with the neighbours’ use and enjoyment of their property,” said Mr. Bailey, in reference to the impact the smells and sounds emanating from a hog farm has on a nearby residential development . “When you move into a rural area, you have to anticipate animal sounds and smells. It’s like electing to live in Manhattan, New York, and becoming offended by hearing sirens, honking horns, and smelling car exhaust – what did you expect? That said, hog farms need to be good neighbours by taking reasonable steps to mitigate against sounds and smells. Other ways to be a good neighbour are to communicate, be proactive, and address complaints. Based on my experience, problems like the one in North Carolina can be avoided if there is good communication because the offended party is more likely to want to work with the farmer/company than to get involved in a legal fight.” Mr.

The April 27, 2018, edition of Politico’s The Morning Agriculture column examined the $50 million federal jury award in the bellwether trial against a Bladen County, N.C., commercial hog operation. Residents of a residential development had filed suit claiming conditions at nearby Kinlaw Farm contributed to their diminished quality of life. Bailey Brauer co-founder Clayton Bailey told Politico that the verdict could result in an uptick in similar nuisance cases against industrial operations. “Somebody will look at this and say: ‘These folks won, let’s see how they did it,’ and they’ll try to piggyback and bring one somewhere else,” said Mr. Bailey, who was not involved in this case. “It could be against Smithfield; it could be against someone else; it could be in a different industry — it could be in the cattle industry.” Kinlaw Farm operates under contract with Murphy-Brown, a subsidiary of Smithfield Foods. Murphy-Brown was sued in 2014 by approximately 500 residents for what they claim was the company’s “refusal” to invest in costly alternative waste-disposal methods that would have minimized odors emanating from Kinlaw Farm. The Bladen County trial was seen as a bellwether for subsequent trial. Morning Agriculture came back to Mr. Bailey when they revisited the dispute on July 18 to explore an emergency appeal of a gag order currently pending before the U.S. Court of Appeals for the 4th Circuit. The order was unexpected, as it was crafted without a request from either side, and Smithfield has argued that the order is a violation of the first Amendment. Mr. Bailey suggested that the appeal could play into Smithfield’s long-term plan to win at the appellate level even if juries continue to return verdicts against the company. Mr.

When a North Carolina federal jury awarded $50 million in compensatory and punitive damages to 10 homeowners over claims a hog farm had contributed significantly to their diminished quality of life, observers immediately labeled the decision as a “landmark” verdict. However, Bailey Brauer co-founder Clayton Bailey notes that upon closer review, there is the potential that the decision could have little or no lasting impact upon the agribusiness industry. Mr. Bailey explored the case in “’Landmark’ Hog Nuisance Verdict May Leave No Mark at All,” which appeared in the preeminent meat processing industry publication, The National Provisioner. Mr. Bailey notes that North Carolina state law caps exemplary damages which reduces the amount of the jury’s award significantly.  “If the verdict withstands further scrutiny, the total recovery for all 10 plaintiffs, including both actual and punitive damages, would be somewhere around $3.25 million overall. That is a far cry from what the jury awarded,” he wrote. In addition, Mr. Bailey wrote, there are many issues ripe for exploration in the already announced appeal, including comments made by the judge as testimony concluded. “According to media accounts, the judge announced, ‘My only comment is that I am tired of looking at that dirty hog,’ referring to a life-size, waste-covered hog model that sat in the courtroom during the trial. If the company chooses, it could argue the judge’s comments prejudiced the jury, which could lead to a new trial altogether.” Mr. Bailey is respected for his trial and appellate work in complex tort and commercial cases in federal and state appellate courts throughout the nation. His work on both sides of the aisle has earned him significant professional honors and recognition, including being named a “Litigation Star”

Noted lawyer recognized among top North Texas commercial litigators by D Magazine DALLAS – Trial attorney Alex Brauer, co-founder of the Dallas-based complex litigation boutique Bailey Brauer PLLC, has been selected to D Magazine’s 2018 Best Lawyers in Dallas listing. Chosen for a third consecutive year for his outstanding commercial litigation work, Mr. Brauer represents companies and high net worth individuals involved in high-stakes business disputes. His practice spans various industries and issues including claims of fraud, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, antitrust and violations of the Packers and Stockyards Act. He also has successfully defended against class actions and represents clients in complex tort matters, including negligence and wrongful death. To learn more visit http://baileybrauer.com/alexander-brauer/. “This firm was built on the premise of providing sophisticated legal representation that results in aggressive, creative solutions. It is a description that also matches Alex’s practice,” said firm co-founder Clayton Bailey. “He is an exceptional attorney, deserving of this recognition.” Founded in 2013, Bailey Brauer quickly established itself among the most respected firms in the country, earning multiple honors for individual lawyers and the firm from BTI Consulting Group, Benchmark Litigation, U.S. News-Best Lawyers, The National Law Journal, The Best Lawyers in America and Texas Super Lawyers. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees. A dedicated community advocate, he is a board member for the Readers 2 Leaders literacy program. He also has served on the Host Committee for the Great Investors’ Best Ideas Foundation, which benefits The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas

Bailey Brauer attorney tells Houston Chronicle that cost, finality has some rethinking mandatory arbitration DALLAS – Designed to keep business disputes out of the courtroom and long a staple in a wide range of contracts, mandatory arbitration clauses are drawing increased scrutiny from consumers, businesses and lawmakers. Bailey Brauer co-founder Alex Brauer told the Houston Chronicle that while many still find them effective, some businesses are starting to rethink their use due to the costs and finality of arbitration. Mr. Brauer recounted, in the March 22, 2018, article “Mandatory Arbitration, Common Foe of Car Buyers, Bank Customers and Porn Stars, Under Attack,” the case that caused one client to sour on mandatory arbitration. After a hearing, the arbitrator found that the other party could not prevail on its claims, but issued a nominal award of $1 in damages. As the respondent, Mr. Brauer’s client was required under the arbitration provision to pay the “prevailing” party’s legal costs of approximately $200,000. "We try to appeal but the courts say, ‘No, you signed up for this,’" said Mr. Brauer. "You don’t know what you’ll get." To read the entire Houston Chronicle article, click here.