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Clayton Bailey, Adam Bell Lend No-Poach Agreement Insights to DBA Headnotes Article

No-poach agreements are adding further uncertainty for company counsel and human resource professionals tasked with navigating the already murky waters of federal and state antitrust laws. Bailey Brauer co-founder Clayton Bailey and associate Adam Bell offered their insights on these agreements in “No-Poach Agreements: Too Many Chefs in the Kitchen?” which appeared in the October 2019 edition of the Dallas Bar Association’s Headnotes newsletter. The article explores the recent guidance, lawsuits, and advocacy by the U.S. Department of Justice, enforcement actions by various states, and lawsuits filed by employees which have “raised as many questions as they have provided answers for determining whether a no-poach agreement is illegal.” “Considering the current uncertainty involving no-poach agreements, employers (particularly in vertically related firms) should review their existing contracts for no-poach clauses and evaluate removing them after seeking advice from antitrust counsel,” Mr. Bailey and Mr. Bell wrote. “While the DOJ has provided a framework of ‘the right questions to ask in a systematic way’ for preliminarily reviewing no-poach agreements, there is no guarantee that a state AG or judge will view the law similarly.” The full article can be found in the digital edition of the October 2019 edition of Headnotes.

October 18th, 2019|Categories: News|

Dallas Attorneys Clayton Bailey, Alex Brauer Earn Recognition as ‘Trailblazers’

Law firm co-founders find success forging their own path after leaving Big Law behind DALLAS – Bailey Brauer co-founders Clayton Bailey and Alex Brauer are among the “agents of change” in the legal profession singled out by Texas Lawyer magazine to receive the publication’s inaugural Texas Trailblazers recognition. Mr. Bailey and Mr. Brauer were chosen for their leadership in reshaping expectations for legal boutiques in Texas. Unsatisfied with the burdensome constraints of Big Law, the pair walked away from their positions at an international law firm to open their own firm six years ago. From the start, their business model was unwavering. “Our approach is very similar to that of a Big Law litigation or appellate practice, but without the inflexibility that results from overhead demands and far-reaching conflicts,” said Mr. Bailey. “We provide the same level of expertise and sophistication demanded of Big Law, but in a much nimbler fashion.” Former clients immediately took notice, bringing their work to Bailey Brauer. Since then, many more companies and individuals have engaged the six-attorney firm on new high-stakes litigation matters. The legal community too has taken notice, with the firm receiving professional accolades that frequently take other firms more than twice as long to achieve. These individual and firm honors include recognition from Benchmark Litigation, Chambers USA, BTI Consulting Group, The Best Lawyers in America, the National Law Journal, Texas Super Lawyers and D Magazine. “Honors are a tricky thing,” said Mr. Brauer. “Winning them is not something you spend a lot of time trying to accomplish. But when you earn recognition from your peers, that validates that your focus is in the right place. You don’t earn respect without achieving a certain amount of success

October 8th, 2019|Categories: News|

Clayton Bailey Provides Perspective on Potential Additional PSA Regulations in Meatingplace Article

As seems to happen during every presidential election cycle, the USDA is again considering another round of proposed regulations under the Packers and Stockyards Act (PSA.) However, explains Bailey Brauer co-founder Clayton Bailey in a recent Meatingplace blog post, additional regulations are not prudent. Meatingplace is the premier news source for the U.S. and Canadian red meat and poultry processing industries. “While government insiders are the only ones who know what the proposed regulations will say, many are hoping the Trump administration continues its cautious approach to restricting how the industry operates,” he wrote in “USDA Should Use Caution When Proposing Meat Industry Rules.” That sentiment is based in large part on the belief that the PSA, as well as state laws, already provide enough safeguards to sufficiently protect contract producers. “Anyone who has worked in the trenches of PSA lawsuits has seen a broad array of issues that arise in the industry. And nearly every legitimate complaint – from animal quality to grower association membership to alleged company misrepresentation – falls within the laws of the state where the grower’s farm is located. “Depending on the facts and where the events occurs, there may be other state law claims available to protect a producer,” according to Mr. Bailey. “The PSA is a different animal. It is an antitrust statute enacted into federal law in 1921 that addresses conduct that harms competition, such as price fixing, group boycotts, or the division of markets.” “Nearly every initial lawsuit filed by a producer asserts a PSA claim along with state claims. And by the end of nearly every case, those claims that have the most legal support usually are state law claims because the PSA does not

October 4th, 2019|Categories: Uncategorized|

Former Real Salt Lake Head Coach Mike Petke Files Suit Over Contract Balance

Team owes Petke nearly $700,000 in salary on 3-year contract DALLAS – The former head coach of the Real Salt Lake (RSL) Major League Soccer club has filed suit against the team, claiming, among other things, the team and its owner, Dell Loy Hansen, broke a legally binding promise that was part of an amendment to the coach’s contract. Mike Petke was approximately 18 months into his three-year contract with RSL when he was dismissed on Aug. 11. According to the terms of the contract, the team owes him his salary for the remainder of 2019 and all of 2020. Mr. Petke’s dismissal followed a two-week suspension related to his actions in an incident with an international official following a Leagues Cup match. RSL also levied additional sanctions, which were outlined in a contract amendment signed by the coach and RSL leadership. Although the amendment expressly stipulates that future infractions could result in his dismissal, RSL removed Mr. Petke as coach the day before he was scheduled to return to the team. “The amendment was clear about what club leaders expected of Mike. He was following that amendment to the letter and looking forward to returning to his team when he was blindsided by ownership,” said Mr. Petke’s attorney, Clayton Bailey of Dallas’ Bailey Brauer PLLC. “The decision was announced in a way calculated to damage his reputation, not just as a coach, but also personally. Refusing to pay the remainder of his salary is a move designed to inflict additional, unwarranted economic damage.” “What happened here is fairly simple. RSL owner Dell Loy Hansen was recorded contradicting the agreement while speaking to another team’s fans, became embarrassed, and later fired Mike when he had

September 17th, 2019|Categories: News|

Clayton Bailey, Alex Brauer Recognized Among State’s Top Business Litigators

Bailey Brauer co-founders honored in 2019 Texas Super Lawyers guide  DALLAS – Dallas attorneys Clayton Bailey and Alex Brauer, co-founders of Bailey Brauer, have been selected among the state’s top business litigators in the 2019 edition of the Texas Super Lawyers legal guide. One of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers, Mr. Bailey has a national trial and appellate practice. He represents clients involved in complex tort and other commercial cases, corporate litigation and in putative class actions and mass action lawsuits in federal and state courts. A frequent author, he contributed significant expertise to sections of the American Bar Association’s recently released Agriculture and Food Handbook. This is his ninth Texas Super Lawyers selection. Mr. Brauer represents companies and high net worth individuals involved in high-stakes business litigation involving claims of fraud, tortious interference, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, and antitrust violations. Mr. Brauer has successfully defended clients facing class and collective actions and represented plaintiffs and defendants in complex tort and negligence cases. The 2019 selection is the third for Mr. Brauer. Texas Super Lawyers is published by Thomson Reuters, appearing in Texas Monthly and Super Lawyers magazines. Selection is limited to no more than 5 percent of Texas attorneys and is based on a statewide survey of lawyers and extensive editorial review. For more information, visit http://www.superlawyers.com. “Professional honors such as Super Lawyers in which peer feedback plays such a key role in selection are particularly rewarding,” said Mr. Bailey. “To earn the respect of your contemporaries is an indication that you are not only doing things the right way but also doing so successfully,” said Mr. Brauer. The Super Lawyers selections are the

September 4th, 2019|Categories: News|

Bailey Brauer Co-Founders Recognized by Best Lawyers in America

Clayton Bailey, Alex Brauer earn commercial litigation, appellate honors DALLAS – Dallas litigation boutique Bailey Brauer co-founders Clayton Bailey and Alex Brauer have earned selection to the 2020 edition of The Best Lawyers in America based on their commercial litigation work. Mr. Bailey earned additional recognition for his appellate practice from Best Lawyers, one of the most respected U.S.-based attorney guides. “No one focuses on winning honors. But when you are recognized for outstanding service, we know it’s because our clients trust us and our peers respect us,” said Mr. Brauer. “We do not take this recognition for granted,” added Mr. Bailey. “This just pushes us to continue to work hard to deliver on that trust.” Mr. Bailey is nationally known for his trial and appellate practice in complex tort and other commercial cases in federal and state courts. He has been honored as one of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers. He represents clients in corporate litigation as well as in putative class actions and mass action lawsuits. Considering his representation of some of the world's largest agriculture companies, Mr. Bailey also contributed significant expertise to sections of the ABA’s recently released Agriculture and Food Handbook. Mr. Brauer represents companies and high net worth individuals involved in high-stakes business litigation across a wide range of industries. He focuses on disputes involving claims of fraud, tortious interference, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, and antitrust violations. Mr. Brauer has successfully defended clients facing class and collective actions and represented plaintiffs and defendants in complex tort and negligence cases. 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

August 15th, 2019|Categories: News|

Bailey Brauer Co-Founder Provides Insights for ABA’s Agriculture and Food Handbook

Clayton Bailey contributes to comprehensive review of food, agriculture industries DALLAS – Trial lawyer Clayton Bailey, co-founder of Dallas litigation boutique Bailey Brauer, is a primary contributor to the first edition of the American Bar Association’s recently released Agriculture and Food Handbook. The handbook provides a comprehensive review of the regulatory, antitrust and consumer protection issues affecting the food and agriculture industries. Mr. Bailey contributed significant expertise to sections exploring issues specifically affecting the beef and poultry industries. He also explained the administration and enforcement of the USDA’s Packers and Stockyards Act of 1921, which ensures fair competition and fair trade practices in the livestock and poultry industries. Mr. Bailey’s legal practice involves trying and appealing cases in state and federal courts across the country. He also represents clients before federal and state agencies, including the Department of Justice and the U.S. Department of Agriculture. Bailey Brauer represents some of the world’s largest agriculture companies, including some that are engaged in the biggest litigation disputes in the industry. “I am honored to be one of the lawyers who contributed to the handbook,” said Mr. Bailey. “This is the first of its kind and will serve as an important guide to understanding the legal issues impacting the agribusiness industry.” The Agriculture and Food Handbook is available for purchase from the American Bar Association. Click here for more information. About Bailey Brauer PLLC  Bailey Brauer PLLC is nationally recognized for its trial and appellate work and provides battle-tested, sophisticated courtroom experience in high-stakes litigation matters. Led by veteran trial and appellate lawyers Clayton Bailey and Alex Brauer, the firm focuses on complex commercial litigation, agribusiness, appeals, and class actions. Learn more about the firm at: http://baileybrauer.com/. Media

July 31st, 2019|Categories: News|

Bailey Brauer Adds Labor, Employment & ADA Partner

DALLAS – Labor, Employment and ADA attorney, John Bosco has joined Bailey Brauer PLLC, signaling a focus on expanding the services offered by the litigation boutique. “John is an exceptional attorney with a practice that complements our existing litigation focus,” said firm co-founder Clayton Bailey. “Not only does he represent an impressive list of Fortune 500 companies, but the addition of an attorney with John’s experience will also help to better serve the needs of our existing clients.” Mr. Bosco represents international, national, and regional clients in labor, employment, and accessibility matters across the United States and in select foreign jurisdictions. He handles all areas of employment law, including trade secrets, discrimination, retaliation, wage and hour claims, and regulatory agency investigations. “I have known Clayton and Alex for a long time and have a tremendous amount of respect for their work,” said Mr. Bosco. “Several of my clients said they held Bailey Brauer in high esteem as a great litigation firm. They have been very encouraging about this move.” The co-author of the Thomson West compliance and litigation manual Public Accommodations Under the Americans With Disabilities Act, Mr. Bosco’s practice includes a focus on federal and state ADA issues involving physical and technological accessibility. He also represents clients in labor union-related matters including collective bargaining and litigation before the National Labor Relations Board. “We are excited to add such a respected employment-focused attorney to the firm,” said co-founder Alex Brauer. He notes that the recent move into new office space in Dallas’ Campbell Centre I provides the firm the physical space needed for staff expansion. “This is just the first page in an exciting next chapter in the growth of our firm.” Mr. Bosco joins

July 1st, 2019|Categories: News|

Dallas-based Bailey Brauer Makes Big Office Move

Expanded space marks first phase of law firm’s anticipated growth DALLAS – The Dallas litigation boutique Bailey Brauer PLLC celebrated its sixth anniversary with a move from the second to the sixth floor of Dallas’ Campbell Centre I, 8350 N. Central Expressway, which doubled the firm’s office space. “The new office is more reflective of who we are as a firm. We were at capacity for quite some time in our previous office and this gives us the much-needed room to expand,” said firm co-founder Clayton Bailey, about the move. “We doubled the size of our office, giving us a more functional workspace that enhances our collaborative team approach to litigation.” “Our success as a firm has required us to expand three times in six years. Everyone here is excited about the new space and what it means for our future now that we again have room to grow,” said firm co-founder Alex Brauer. Additional attorneys are expected to join the firm this summer. “From the beginning, this firm has been dedicated to aggressive, creative legal solutions for clients who expect sophisticated representation, and that always will be at the heart of our personnel decisions as we bring on new attorneys later this year,” said Mr. Brauer. In addition to Messrs. Bailey and Brauer, the firm currently includes veteran business litigator Gary Powell, complex commercial and bankruptcy litigator Benjamin Stewart, and litigator and regulatory attorney Adam Bell. Founded in 2013, Bailey Brauer has quickly grown to be among the most respected firms in the country, earning multiple individual and firm honors from Chambers USA, BTI Consulting Group, Benchmark Litigation, the National Law Journal, The Best Lawyers in America, Texas Super Lawyers and D Magazine. About Bailey

June 12th, 2019|Categories: News|

Bailey Brauer Co-Founder Alex Brauer Selected Among Dallas’ Best Lawyers

DALLAS – Trial attorney Alex Brauer, co-founder of the litigation boutique Bailey Brauer PLLC, has been named for a fourth time among the top lawyers in Dallas by D Magazine. “Alex continues to provide aggressive, creative legal solutions to clients who expect sophisticated representation,” said firm co-founder Clayton Bailey. “As a boutique law firm, Bailey Brauer provides the flexibility to build relationships that allow you to understand what will best help a business achieve success,” adds Mr. Brauer. Selected to the 2019 Best Lawyers in Dallas list for his work in commercial litigation, Mr. Bauer’s practice spans a wide range of industries. He is focused on high-stakes disputes involving claims of fraud, tortious interference, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, and antitrust violations. He has successfully defended clients facing class and collective actions and represented plaintiffs and defendants in complex tort and negligence cases. His work in trials, appeals and settlement negotiations has helped him earn numerous professional honors. In addition to Best Lawyers in Dallas, he has been recognized in the Texas edition of Super Lawyers magazine by Thomson Reuters and in The Best Lawyers in America guide. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees and is a devoted community advocate. He is a board member for literacy program Readers 2 Leaders and is on the Host Committee for the Great Investors’ Best Ideas Foundation, benefiting The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas list is determined through peer voting and extensive review by an independent panel of distinguished attorneys along with

April 17th, 2019|Categories: News|

Bailey Brauer’s Ben Stewart Selected to Texas Rising Stars List for 2019

DALLAS – Attorney Benjamin Stewart of Dallas-based litigation boutique Bailey Brauer PLLC has been named for a third time among the top young lawyers in Texas. Mr. Stewart was recognized on the Texas Super Lawyers’ 2019 Rising Stars list for his work in complex commercial and bankruptcy litigation. Only 2.5 percent of lawyers in the state are chosen each year. “Ben is one of those lawyers who is always exceptionally well-prepared, is a step ahead, and is not going to stop when his client’s business is at stake,” says Bailey Brauer co-founder Alex Brauer. “In the courtroom, his opponents quickly recognize what they’re up against,” adds co-founder Clayton Bailey. Mr. Stewart represents clients in federal and state courts in matters including contractual disputes, breach of fiduciary duty, insurance coverage, officer/director liability, and contested confirmation hearings. He also assists companies with both internal and governmental investigations including responses to civil investigative demands from the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission. A member of the Federal Bar Association and Texas Bar Foundation, he earned his law degree from Columbia Law School. “Working alongside Alex and Clayton has undoubtedly helped raise my profile in the legal community, but recognition by Rising Stars is clearly an honor because it involves consideration by our peers,” said Mr. Stewart. Texas Rising Stars recognizes the state’s top attorneys who are 40 years or younger or who have been in practice for 10 years or less. Selection is based on peer nominations, independent research and review by a separate advisory group. The full 2019 listing is published in the Texas edition of Super Lawyers magazine and the April issue of Texas Monthly. About Bailey Brauer PLLC Bailey Brauer

March 12th, 2019|Categories: News|