Clayton Bailey

Partner
One of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers, 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.

A former litigation section chair at an international law firm, Mr. Bailey offers both plaintiffs and defendants sophisticated legal representation in the litigation, trying and appeals of cases involving contract disputes, business torts, RICO, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, unfair business practices, Packers and Stockyards Act, and wrongful death. He also represents clients in putative class actions and mass action lawsuits.

Mr. Bailey has litigated and/or tried cases in federal district and bankruptcy courts, and in state courts located in Alabama, Arkansas, California, Colorado, Georgia, Kentucky, Louisiana, Mississippi, New York, North Carolina, Oklahoma, South Carolina, Texas and West Virginia. He has briefed and argued appeals before various federal and state appellate courts, including the Supreme Courts of Alabama, Louisiana, Mississippi and Texas, various intermediate appellate courts throughout Texas and Louisiana, and the United States Courts of Appeals for the Fourth, Fifth, Seventh, Eighth, Ninth, Tenth and Federal Circuits.

His work on both sides of the aisle has earned him significant professional honors and recognition, including being named among the National Law Journal’s Elite Boutique Trailblazers in 2017. He has been named a “Litigation Star” by Benchmark Litigation (2015-18),  and to the Best Lawyers in America (2017-18) and Texas Super Lawyers (2011-18) listings. Bailey Brauer was recognized among the nation’s Most Feared Litigation Firms in 2016-17, the firms that corporate lawyers never want to face in court, according to a survey of in-house counsel conducted by BTI Consulting Group. His work has earned him “Appellate Lawyer of the Week” recognition by The Texas Lawyer for his work as lead appellate counsel in a case before the United States Fifth Circuit Court of Appeals.

He serves on numerous professional committees, including the Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee. He is also a fellow of the Litigation Counsel of America and a member of invitation-only professional organizations including the Federal Bar Association and Litigation Counsel of America.

Mr. Bailey earned his undergraduate degree, magna cum laude, from Baylor University, where he was elected to Phi Beta Kappa in recognition of his academic success. He graduated cum laude from the Southern Methodist University School of Law, where he served as editor-in-chief of a law journal.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court of Colorado
  • Texas Supreme Court

Professional Honors

  • Top 100 Texas Civil Plaintiff Lawyers, The National Trial Lawyers, 2017
  • Elite Boutique Trailblazers, The National Law Journal, 2017
  • Best Lawyers in America, 2017-2018
  • Texas Super Lawyers, 2011-2018, by Thomson Reuters
  • Litigation Star, Benchmark Litigation, 2015-2018
  • Most Feared Litigation Firms, BTI Consulting Group, 2017-2018
  • Client Service All-Star, BTI Consulting Group, 2014,
  • Future Star (Texas), Benchmark Litigation, 2012-2014

Contact

Phone: (214) 360-7424
Email: CBailey@BaileyBrauer.com
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Fields of Practice

  • Appeals
  • Business Litigation
  • Class and Mass Actions
  • Complex Tort Litigation
  • Trials

Experience

  • Bailey Brauer PLLC (2013 – current)
  • Baker & McKenzie LLP (2000 – 2013)
  • Dallas Office Litigation Section Chair (2011-2012)

Representative Cases

Currently represent Pilgrim’s Pride Corporation in consolidated putative class actions alleging antitrust conspiracy by numerous poultry companies to purportedly reduce output and raise prices of broiler chickens.
Currently represent Pilgrim’s Pride Corporation in consolidated putative antitrust class actions filed by chicken farmers alleging a conspiracy to depress grower pay.
Convinced magistrate judge to recommend the vacatur of an international arbitrator’s decision adverse to client.
Tried and defeated plaintiff’s breach of contract, bad faith, tortious interference with contract, and Packers and Stockyards Act, 1921 claims seeking millions of dollars in damages.
Obtained preliminary injunction enjoining a landlord from terminating various agreements and commencing eviction proceedings against lessee.
Persuaded appellate court to affirm trial court’s underlying seven figure judgment in favor of client.
Defeated Tyson’s request for a preliminary injunction against former employee where Tyson claimed breach of an employment agreement, theft of trade secrets, and tortious interference with contract.
Defeated claims of over 100 plaintiffs after modifying adverse Arkansas law.
Recognized as “tidal wave” opinion and cemented the law protecting the agribusiness industry.
Preserved a favorable judgment after defeating a city’s claims seeking in excess of $28 million in damages.
Aff’d in part, reversed in part, vacated in part, 991 So.2d 445 (La. 2008) Obtained reversal and vacatur by Louisiana Supreme Court of an adverse award of millions of dollars in treble damages and attorney’s fees in a dispute involving the Louisiana Unfair Trade Practices and Consumer Protection Law.
Obtained reversal and granting of new trial by Mississippi Supreme Court of an adverse $1.3 million jury verdict in favor of contractor injured on oil rig.
Obtained reversal of an adverse award of exemplary damages.
Obtained affirmation of favorable judgment in wrongful death case based on a pre-injury waiver.
Obtained affirmation of dismissal of claims against client based on lack of jurisdiction and defined contours of law regarding reliance on websites to establish sufficient contacts for a Texas court to exercise jurisdiction over out-of-state defendants.

Publications/Speaking Engagements

  • “The GIPSA Rules After the Consolidated and Further Appropriations Act, 2013: Must Your Live Production Operations Still Comply with the GIPSA Rules?” webinar June 2013
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association 2013 (Shreveport, Louisiana)
  • “The USDA’s New Effort to Roll Back the Tide of Federal Law Requiring Anticompetitive Effects Under § 202 of the Packers and Stockyards Act,” American Bar Association’s Agriculture & Food Committee Newsletter, Fall 2012
  • “Lawyers in the Crosshairs: When Does Zealous Representation Cross the Line? Perspectives from the SEC, Industry, and Ethics Experts,” sponsored by Baker & McKenzie LLP 2012 (Dallas, Texas)
  • “Grain Inspection, Packers and Stockyards Administration Status,” sponsored by the U.S. Poultry and Egg Association 2012 (Birmingham, Alabama)
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Mississippi Poultry Association 2012 (Starkville, Mississippi)
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association 2012 (Shreveport, Louisiana)
  • “New GIPSA Regulations Impacting the Livestock and Poultry Industries,” webinar 2011
  • “USDA-GIPSA Regulations,” sponsored by the Louisiana Poultry Association 2011 (Shreveport, Louisiana)
  • “China Update 2010: Recalibrating Your China Options,” sponsored by Baker & McKenzie, LLP 2010
  • Co-author, “The Supreme Court Expands the Breadth of RICO by Removing First-Party Reliance as an Element of A Civil RICO Claim,” American Bar Association’s Business Torts and RICO News, Winter 2009

Professional Associations and Memberships