DALLAS – Trial attorney Alex Brauer, co-founder of the litigation boutique Bailey Brauer PLLC, has been selected for a fifth time among the top attorneys in Dallas by D Magazine. Mr. Brauer was named to the 2020 Best Lawyers in Dallas list in recognition of his work in commercial litigation. Clients nationwide rely on Mr. Brauer to handle high-stakes business disputes ranging from breaches of noncompete agreements to allegations of transaction fraud and deceptive trade practices. “Alex is respected by clients for lending a sophisticated blend of experience, litigation expertise and creative legal strategy to all matters,” said firm co-founder Clayton Bailey. “Other lawyers in Dallas respect Alex’s reputation for achieving results, and this honor indicates that.” Bailey Brauer attorneys offer multifaceted courtroom experience forged over many years practicing at some of the world’s leading law firms. Qualified, experienced attorneys handle each complex legal matter more cost-effectively for companies and individuals. The Best Lawyers in Dallas selection is just the latest honor for Mr. Brauer. He has also earned recognition in Chambers USA, the Texas edition of Super Lawyers magazine and Best Lawyers in America. He also has been recognized as a Texas Legal Trailblazer by Texas Lawyer magazine. Mr. Brauer has served on several key Dallas Bar Association committees and is a devoted community advocate. He is a supporter of the Readers 2 Leaders literacy program and the Great Investors' Best Ideas Foundation, benefiting The Michael J. Fox Foundation for Parkinson's Research and the Vickery Meadow Youth Development Foundation. Selection to the Best Lawyers in Dallas list is based on a comprehensive selection process that starts with peer nominations. A blue-ribbon panel evaluates the tabulated list and works with the editorial staff to select the finalists. The complete list is featured in the May 2020 edition of D Magazine and available at http://www.dmagazine.com. 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. The firm focuses on complex commercial litigation, appeals, and class actions. Learn more about the firm at: http://baileybrauer.com.
John Bosco Provides Texas Lawyer Magazine With Look into Increase of Accessibility Lawsuits in Texas
Bailey Brauer labor, employment and ADA partner John Bosco provided expert insights on the increase in and impact of ADA Title III lawsuits in Texas in “Accessibility Lawsuits in Texas on the Rise” published February 28, 2020, by Texas Lawyer magazine. As Mr. Bosco explains in the article, there has been a significant increase in Americans with Disabilities Act (ADA) accessibility lawsuits, agency enforcement actions and demand letters targeting public accommodations in Texas over the past few years. “While California, New York and Florida have been the most popular states for claims alleging that individuals with disabilities encountered access barriers, these cases are becoming much more common against physical locations, websites and mobile apps with a presence in Texas. “The accessibility lawsuits filed so far this year are impacting every sector of business throughout the state. The most recent accessibility claims in Texas are related to parking, transportation services, signage, restroom fixtures, path of travel, point of sale devices, counter heights, braille gift cards, policies, training, the provision of auxiliary aids and services. Any business with a website or mobile application is also at risk of being sued by customers and employees who claim that they have encountered digital accessibility barriers,” he wrote. “To mitigate risk and reduce potential exposure, it is important to proactively identify and remediate potential violations. Implementing appropriate policies, procedures, training and updated compliance documentation is critical to prevent claims and most efficiently resolve allegations that are asserted.” The full article can be found at TexasLawyer.com.
DALLAS – Attorney Monica Niewiarowski has joined Bailey Brauer PLLC, helping bolster the Dallas-based boutique’s complex commercial litigation, trial, and appellate practices. “Business litigation is the foundation this firm was built upon and our clients know they can rely on us for the best possible representation,” said firm co-founder Alex Brauer. Ms. Niewiarowski joins Bailey Brauer as an associate from the Dallas office of Gordon Rees Scully Mansukhani, LLP, where she focused primarily on product liability and toxic torts litigation. “I am impressed with the quality of cases and the expertise of Bailey Brauer’s lawyers. I look forward to learning from these talented attorneys and growing my litigation practice in a new direction, including employment-related work,” said Ms. Niewiarowski, a member of the Dallas Association of Young Lawyers’ 2019 Leadership Class. Her employment litigation focus will include trade secrets, discrimination, retaliation, wage and hour claims, ADA, and regulatory agency investigations. Her addition represents a commitment by the firm to continue to grow its employment practice, headed by labor, employment and ADA partner John Bosco. “Monica is an aggressive attorney committed to client service and finding the best possible solutions for their unique situations,” said Mr. Bosco. “We are excited to welcome her to the firm.” A 2016 graduate of the University of Virginia School of Law, she served as a judicial intern for Justice Douglas Lang of the Texas 5th Court of Appeals. She also worked with the Legal Aid Justice Center in Charlottesville, Virginia, where she assisted low-income residents with landlord-tenant disputes. She graduated from the University of Texas at Dallas in 2013 and is an alumna of the school’s prestigious Eugene McDermott Scholars Program. About Bailey Brauer PLLC Bailey Brauer PLLC is nationally recognized for its trial and appellate work and
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.
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
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
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
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
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
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
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
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
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
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