Benjamin Stewart

Counsel
Mr. Stewart represents companies and individuals in complex commercial and bankruptcy litigation matters. He has successfully litigated cases in federal courts in Texas, Colorado, and Delaware and state courts throughout Texas. In the commercial litigation context, Mr. Stewart has handled cases involving fraud, contractual disputes, theft, breach of fiduciary duty, conspiracy, violation of restrictive covenants, antitrust, insurance coverage disputes, and officer/director liability. In the bankruptcy litigation context, he has represented clients in adversary proceedings, claims administration and objections, estate valuation disputes, contested confirmation hearings, and contested matters related to lifting or extending the automatic stay, assuming and rejecting contracts, and cash collateral/adequate protection issues. Mr. Stewart has also assisted companies with internal investigations and government investigations—including responding to civil investigative demands from the SEC and CFTC.

He graduated from Columbia Law School, where he was a Harlan Fiske Stone Scholar and served as a moot court editor and judge. He is a member of the Federal Bar Association and Texas Bar Foundation.

Super Lawyers Badge 2019

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Texas

  • U.S. District Court, Southern District of Texas

  • U.S. District Court, Eastern District of Texas

  • U.S. District Court, Western District of Texas

  • U.S. District Court, District of Colorado

  • U.S. District Court, Western District of Wisconsin

  • Texas Supreme Court

Professional Honors

  • Super Lawyers – Texas Rising Stars – 2017-2019, by Thomson Reuters

Contact

Phone: (214) 360-7438
Email: BStewart@BaileyBrauer.com
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Fields of Practice

  • Appeals
  • Bankruptcy Litigation

  • Complex Commercial Litigation

  • Government Investigations

  • Oil and Gas Litigation

  • Trials

Experience

  • Bailey Brauer PLLC (2013 – current)
  • Kelly Hart & Hallman LLP (2012 – 2013)

  • Weil Gotshal & Manges LLP (2007 – 2012)

  • The Hon. A. Joe Fish, Northern District of Texas (2006 – 2007)

  • Locke Liddell & Sapp LLP (2004 – 2006)

Representative Cases

Obtained denial of Defendants’ motion to dismiss various claims involving concealment of revenue and stock repurchase.
Obtained partial dismissal of claims seeking $9.5 billion in damages; a take nothing judgment was later entered against the plaintiff.
Handled litigation related to administrative priority claims, reclamation claims, general unsecured claims, and purported secured claims.
Defeated independent contractors’ attempt to force debtor to assume unprofitable contracts.
Secured temporary restraining order and temporary injunction against former franchisee who misappropriated trade secrets.
Won summary judgment for trucking company in contractual dispute with purported third-party beneficiary.
Obtained $800,000 judgment on deceptive trade practices and breach of fiduciary duty claims against unlicensed public insurance adjustor and co-conspirators.

Worked with bankruptcy trustee to obtain full allowance of pre-petition claim secured by Texas warehouse lien and post-petition claim for administrative services.

Assisted client in being appointed to unsecured creditors committee and obtained full payment for client’s unsecured claims.

Represented equity holders in matters related to 363 sale and collection of post-sale payments, including using contempt proceedings against purchaser of Debtor’s assets to ensure payment of tax liabilities.

Obtained payment in full of prepetition claims for clients by having them designated as critical vendors.

Defeated defendants’ motions for summary judgment related to retaliation claims.

Defended employees and their new employers against claims related to breach and tortious interference with noncompetition agreements and alleged theft of trade secrets.

Defended employees and their new employers against claims related to breach and tortious interference with noncompetition agreements and alleged theft of trade secrets.

Defended client in interlocutory appeal filed by former boss after district court denied qualified immunity defense related to retaliation claims.

Obtained summary judgment for client on sworn account claim; currently pursuing mandamus proceeding on behalf of client to enforce judgment.

Currently defending client against claims of fraud and breach of contract resulting from purchaser of company failing to properly manage the entity after acquisition.

Defended clients against claims of fraud and pursued counterclaims for breach of contract and fraud after purchaser of company failed to pay full purchase price for education technology company.

Currently defending client against claims for breach of contract and violation of various statutes including the Packers & Stockyards Act, 1921.

Currently represent Pilgrim’s Pride Corporation in consolidated putative antitrust class actions filed by chicken growers alleging a conspiracy to depress grower pay.

Obtained preliminary injunction enjoining a landlord from terminating various agreements and commencing eviction proceedings against lessee.

Used motion for summary judgment to leverage favorable settlement for client related to claims by Consumer Product Safety Commission that glass vases were unsafe.

Tried and defeated plaintiff’s breach of contract, bad faith, tortious interference with contract, and Packers & Stockyards Act, 1921 claims seeking millions of dollars in damages.

Convinced magistrate judge to recommend the vacatur of an international arbitrator’s decision adverse to client.

Publications/Speaking Engagements

  • Co-author of “Using Statute of Limitations as a Defense to Federal Cable and Satellite Piracy Claims,” SIDEBAR, Winter 2013, at 6-7
  • Author and presenter of “New Rules for Expert Discovery: The 2010 Amendments to Federal Rule of Civil Procedure 26,” January 31, 2011
  • Co-author of “Dealing With Confidential and Proprietary Information in Texas and Federal Courts,” 2006 State Bar of Texas Advanced Evidence and Discovery Law Course
  • Contributing editor to John H. McElhany, et al., “Costs and Disbursements,” in 4 BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURT 973 (Robert L. Haig, ed., 2d ed. 2005)

Professional Associations and Memberships