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Bailey Brauer Helps Secure Appellate Win in Texas Partnership Liability Battle

DALLAS – In a decision pivoting on the Fifth Circuit Court of Appeals’ application of a 19th century court ruling to Texas general partnership liability law, an agricultural wholesaler will be allowed to enforce a judgment against individual partners of a defunct agribusiness partnership. The partners of G&K Farms, a North Dakota-based general partnership formed in 2008 to farm land in Texas, amassed debts of nearly $650,000 to Crop Production Services. G&K partners John and Dawn Keeley and Thomas Grabanski made payments on the debt until Mr. Grabanski and his wife filed for bankruptcy in 2013. A default judgment was issued in 2014 against G&K Farms totaling more than $1.3 million, with a subsequent judgment also issued against the Keeleys based on their derivative liability as partners. In their efforts to vacate the judgment, the Keeleys relied on the 1872 United States Supreme Court ruling in Frow v. De Le Vega, which they felt protected them from individual liability after Mr. Keeley avoided a finding of liability based on a guaranty he signed. Frow v. De Le Vega determined that when there are multiple defendants, if some parties present a defense and win, then the ruling can be applied to defaulting parties under certain circumstances. “The courts had already found that there was no logical application of Frow in this case. It was simply a very thinly veiled attempt by the Keeleys to avoid their responsibilities as partners in repaying the general partnership’s debts,” said CPS’s lead appellate attorney Clayton Bailey of Dallas’ Bailey Brauer PLLC. “Crop Production Services’ trial attorneys, John Mark Stephens and Abel Leal, did a terrific job in the trial court demonstrating that the Frow doctrine did not apply.” “This has

June 26th, 2017|Categories: News, Press Release|

Alex Brauer Selected to D Magazine’s Best Lawyers Listing

Bailey Brauer co-founder recognized among Dallas’ top business litigators DALLAS – Dallas-based complex litigation boutique Bailey Brauer PLLC congratulates firm co-founder Alex Brauer for his second consecutive selection to D Magazine’s Best Lawyers in Dallas listing. Chosen for his outstanding commercial litigation work, Mr. Brauer represents companies and high net worth individuals involved in business disputes. Clients, from data and analytics companies to real estate financial services providers, rely on Mr. Brauer to represent them in cases with millions of dollars at stake. Recently, he obtained a multimillion-dollar arbitration award for a Chinese telecom company in a dispute with a Brazilian supplier and successfully resolved a dispute between a forging company and oilfield supplier. “Alex is without a doubt one of the very best attorneys I’ve ever faced or worked with, which is demonstrated by the continued trust business leaders in Texas and across the nation place in him,” said firm co-founder Clayton Bailey. In addition to the D Magazine honors, Mr. Brauer has made Thomson Reuters’ Texas Rising Stars list each year since 2010. Bailey Brauer also was recognized recently by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, an indicator of how likely a firm will be considered for new work. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees. 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, benefitting The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas list is based on a review

April 20th, 2017|Categories: News, Press Release|

Dallas-based Bailey Brauer Earns Spot Among BTI’s ‘Best Branded’ Law Firms

Litigation boutique recognized in national survey of corporate counsel DALLAS – Dallas-based litigation boutique Bailey Brauer PLLC has been recognized by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, based on a survey of corporate counsel and executives at the world’s largest organizations. Bailey Brauer is among the smallest and youngest firms to earn this prestigious recognition, which is an indicator of how likely it is a firm will be considered for new work. The three-lawyer firm has enjoyed noteworthy successes in complex commercial litigation and appellate matters since its opening in 2013. “We started our careers at big firms. So when we launched Bailey Brauer, we maintained that same sophisticated, aggressive form of client representation you expect from a large firm. But as a small firm, we have the added benefit of being able to provide much more individualized service,” said firm co-founder Clayton Bailey. Selection to the BTI Brand Elite 2017 list is based on in-depth interviews with more than 600 corporate counsel and executives at the world’s largest and most influential companies. Respondents are asked about the law firms they hire and why. Final selection is based on intangibles that differentiate the law firms. “In the BTI interviews, the GCs are not asked directly about any firm and instead are encouraged to talk about who they turn to for legal help,” said co-founder Alex Brauer. “We built this firm on relationships, and this recognition demonstrates that we have the trust of our clients.” 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 experienced trial and appellate lawyers Clayton

March 27th, 2017|Categories: News, Press Release|

Dallas Lawyer Benjamin Stewart of Bailey Brauer Selected to Texas Rising Stars

DALLAS – Attorney Benjamin Stewart of Dallas-based litigation boutique Bailey Brauer PLLC has been selected to the 2017 Texas Rising Stars listing of the top young lawyers in the state. Mr. Stewart represents clients in complex commercial and bankruptcy litigation in federal and state courts and assists companies with both internal and governmental investigations. This is his first year to be selected to the prestigious Texas Rising Stars list. “Ben is an exceptional attorney who is very deserving of this recognition,” said Bailey Brauer co-founder Alex Brauer. “It is an indication of the respect he has earned throughout the legal community.” Mr. Stewart’s practice includes work on behalf of companies and individuals facing litigation involving contractual disputes, breach of fiduciary duty, insurance coverage, officer/director liability, contested confirmation hearings, and estate valuation matters. “Having the opportunity to watch Ben’s practice grow, I am impressed by his tireless work ethic and a dedication to the best interests of his clients,” said firm co-founder Clayton Bailey. “Texas is home to some of the very best attorneys in the country, which makes me even prouder to be selected to a group as elite as Texas Rising Stars,” Mr. Stewart said. 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. Only 2.5 percent of eligible attorneys earn recognition each year. The full 2017 listing will be published in the Texas edition of Super Lawyers magazine and the April issue of Texas Monthly. Bailey Brauer PLLC is nationally recognized for its trial and appellate work and provides battle-tested, sophisticated courtroom

March 20th, 2017|Categories: Cases, Press Release|

Dallas’ Bailey Brauer Named Among Nation’s Most Feared Law Firms

Trial firm led by Clayton Bailey, Alex Brauer earns high ranking from in-house lawyers DALLAS – BTI Consulting Group’s 2017 ranking of U.S. law firms that corporate lawyers never want to face in court includes Dallas’ Bailey Brauer PLLC based on the firm’s successful work in high-stakes litigation across the nation. Founded in 2013 by former big firm lawyers Clayton Bailey and Alex Brauer, the nimble Dallas firm has successfully represented major corporations, family-owned businesses and high-net-worth individuals in a variety of business disputes by relying on years of expertise trying and appealing cases and negotiating favorable settlements. “It’s a point of pride to be on this impressive list,” says Mr. Bailey, who is widely recognized for his work in state and federal trials and appeals. “General counsel call on Bailey Brauer because we provide the experience and quality they expect while keeping a close eye on the bottom line.” One of the country’s leading business research firms, BTI Consulting produces its annual review of the U.S. legal market by conducting independent confidential interviews with more than 300 corporate counsel from the world’s largest corporations over a one-year period. “It’s gratifying to know that in-house lawyers are recognizing the level of work we deliver at Bailey Brauer,” says Mr. Brauer, a trial and appellate lawyer who has helped clients win cases in state and federal courts nationwide. “Our firm is proof that bigger isn’t always better.” Bailey Brauer’s impressive list of courtroom victories during the past six months includes helping a nationwide food provider defeat a price-fixing claim for more than $500 million; prevailing against a major corporation that sought an injunction against its former employee; and winning a breach of contract claim for a

September 29th, 2016|Categories: Cases, News, Press Release|

Dallas Trial Lawyer Alex Brauer Named Among Texas’ Top Young Attorneys

Complex commercial litigation attorney Alex Brauer, a founding partner of the trial and appellate law firm Bailey Brauer PLLC, is being recognized among the state's top up-and-coming attorneys in the 2014 Texas Rising Stars list published by Thomson Reuters' legal division. Less than 2.5 percent of Texas attorneys are chosen for the Rising Stars list, which will appear in the April 2014 issue of Texas Monthly and Texas Rising Stars magazines. The exclusive list is based on nominations from fellow lawyers and independent research that reviews lawyers' abilities in 12 key categories. In addition to results achieved for clients, the categories also include court experience and professional activity. This is Mr. Brauer's fifth consecutive appearance on the Texas Rising Stars list. Mr. Brauer has recently obtained several successful outcomes for Bailey Brauer clients in partnership and business disputes, and regularly defends and prosecutes claims of fraud, breach of contract, breach of fiduciary duty, conspiracy, theft of trade secrets, antitrust and RICO. He was also recently quoted, along with Bailey Brauer client Bath Fitter, in The Texas Lawbook on the successful use of alternative fee agreements in business litigation. Mr. Brauer is recognized on the 2014 Texas Rising Stars list based on his work in business litigation, general litigation and appellate law. In addition to successfully litigating and trying cases in federal and state courts throughout Texas, Louisiana, Arkansas, Nevada and Wisconsin, Mr. Brauer has an outstanding appellate track record representing clients before the 5th U.S. Circuit Court of Appeals and various Texas state intermediate appellate courts. Bailey Brauer PLLC is committed to providing efficient, effective legal representation in high-stakes litigation. Led by experienced trial and appellate lawyers Clayton Bailey and Alex Brauer, the firm focuses on complex commercial litigation, agribusiness, appeals, and class and collective actions. For more information, please contact Bailey Brauer

March 25th, 2014|Categories: News, Press Release|

Dallas Trial Lawyer Clayton Bailey Recognized as Client Service All-Star

DALLAS – Attorney Clayton Bailey, co-founder of the Dallas complex commercial litigation and appellate boutique Bailey Brauer PLLC, has been recognized as a Client Service All-Star by The BTI Consulting Group of Wellesley, Mass. Mr. Bailey is one of only 330 attorneys nationwide to be recognized as a Client Service All-Star based on independent interviews with corporate counsel. “This elite group of standout attorneys – identified solely through unprompted client feedback – are recognized as delivering the absolute best client service,” BTI wrote in the Client Service All-Star executive summary. “No attorney can lobby to be added to the list, self-submit nominations or provide corporate counsel names to be interviewed. The only way to become a BTI Client Service All-Star is for corporate counsel to single out an attorney for a client service performance exceeding all others.” Mr. Bailey, who has extensive trial and appellate experience in complex litigation matters nationwide, was nominated by corporate counsel at a “Global 500” food processing company, according to BTI. “This is an incredible honor,” Mr. Bailey says. “Bailey Brauer’s legal team strives every day to deliver exceptional service and positive results to our clients, so it’s gratifying when our work is recognized by the people who are the main reason we come to work every day. This recognition proves what my law partner, Alex Brauer, and I said when we opened Bailey Brauer last year: Our clients can receive big-firm results and big-firm service in a more nimble and cost-effective small-firm environment.” In addition to his recognition by BTI, Mr. Bailey also has been named a Future Rising Star in Texas in the 2012 and 2013 editions of Benchmark Litigation, and as a Texas Local Litigation Star in

February 5th, 2014|Categories: News, Press Release|

Dearth of Jury Trials Puts Courtroom Skills at a Premium

By Clayton Bailey and Alexander Brauer Partners at Bailey Brauer Over the last 15 years, the number of jury trials in Texas has declined significantly. As has been reported by this publication, jurors in state and federal civil courts heard only about a third as many cases in 2012 as they did in 1997. There are many reasons behind this trend, including the effects of tort reform, the rising cost of litigation, and the increased use of alternative dispute resolution methods, among others. But one undeniable effect is that, while there are countless litigators in Texas, there are very few attorneys with demonstrated experience taking cases to trial, and even fewer with significant appellate experience. The attorneys at Bailey Brauer, however, have an extensive track record of trial victories in state and federal courts, including client wins in some of the nation’s most challenging jurisdictions. Our complex commercial litigation victories include many dismissals, summary judgments and directed verdicts, but we have also handled more than our fair share of successful jury trials. In fact, we have been called in to take on cases shortly before the eve of trial, after the client has become unsure of the previous counsel’s courtroom abilities. Even more unusual than a wealth of courtroom experience, however, are demonstrated appellate skills. And our attorneys have had more successful appellate rulings than firms many times our size. We have argued — and won — cases before the 5th U.S. Circuit Court of Appeals, Louisiana Supreme Court, Mississippi Supreme Court, 2nd Court of Appeals in Fort Worth and other state and federal appellate courts. Not only have we won reversals and remands and preserved favorable judgments, but we also have obtained an en banc rehearing

January 17th, 2014|Categories: Press Release|

Litigation Attorney Benjamin L. Stewart Joins Bailey Brauer Law Firm in Dallas

DALLAS – Bailey Brauer PLLC, a complex commercial litigation and appellate boutique, is pleased to announce that Benjamin L. Stewart has joined the firm as Counsel. Mr. Stewart represents corporate clients and individuals in complex commercial and bankruptcy litigation matters. He has successfully litigated cases in federal courts in Texas, Colorado and Delaware and in state courts throughout Texas. Mr. Stewart has also assisted companies with internal and government investigations, including responding to civil investigative demands from the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission. “Ben brings experience and skills far beyond his years,” says Bailey Brauer co-founder Alex Brauer. “He has the creativity and depth of expertise our clients need, and we’re excited to have him join us.” Mr. Brauer and Mr. Stewart met in 2008, when a client they both represented filed for bankruptcy. Mr. Stewart’s firm at the time, Weil Gotshal & Manges, served as bankruptcy counsel. “We found ourselves together in court on that matter quite a few times, and it became clear that we wanted to work with Ben again,” says Bailey Brauer co-founder Clayton Bailey. “We’ve kept in touch over the years, and now is the perfect time for him to come on-board.” Mr. Stewart is a member of the Federal Bar Association and serves on the Publications Committee of the Younger Lawyers Division of the FBA. He is also a member of the Texas Bar Foundation and volunteers with Texas Lawyers for Texas Veterans. Mr. Stewart received a Bachelor of Arts in 2001 from East Texas Baptist University. He earned his law degree in 2004 from Columbia Law School, where he was a Harlan Fiske Stone Scholar and served as a moot court

November 14th, 2013|Categories: Interview, News, Press Release|