Clayton Bailey
Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Seventh 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, Eleventh 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
- Litigation Star, Benchmark Litigation, 2015-2023
- Texas Super Lawyers, 2011-2023, by Thomson Reuters
- The Best Lawyers in America, 2017-2024
- Lawdragon 500 Leading Litigators in America, 2023
- Lawdragon 500 Leading Plaintiff Financial Lawyers, 2021-23
- Top 100 Texas Civil Plaintiff Lawyers, The National Trial Lawyers, 2017-2020
- South Trailblazers, The American Lawyer, 2022
- Texas Trailblazers, Texas Lawyer, 2019
- Elite Boutique Trailblazers, The National Law Journal, 2017
- 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
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
National COVID-19 litigation and appellate counsel for several of the world’s largest meat companies
- Obtained dismissal of plaintiffs’ lawsuit alleging wrongful death and survival claims against JBS USA Food Company and Pilgrim’s Pride Corporation based on alleged exposure to COVID-19.
Obtained summary judgment on behalf of client in wrongful death and survival action arising from outbreak of Legionnaires’ disease during the 2019 East Texas State Fair.
Obtained summary judgment on behalf of client in negligence lawsuit stemming from highly publicized Legionnaires’ disease outbreak at the 2019 East Texas State Fair.
Defeated Tyson Food’s motion seeking a preliminary injunction relating to an alleged violation of a non-compete agreement and theft of trade secrets.
As lead counsel, led team to obtain summary judgment for Pilgrim’s Pride Corporation in one of the first COVID-19 wrongful death cases filed against an employer.
Represented former professional coach Mike Petke in a lawsuit against Major League Soccer’s Real Salt Lake soccer club.
Represented 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.
Represented Pilgrim’s Pride Corporation in consolidated putative antitrust class actions filed by chicken farmers alleging a conspiracy to depress grower pay.
Publications/Speaking Engagements
- “Legal Issues,” sponsored by the 2023 Louisiana Poultry Seminar (Shreveport, Louisiana)
- “GIPSA & Farm Bill Update,” sponsored by the U.S. Poultry & Egg Association’s 2022 Live Production, Welfare & Biosecurity Seminar
- Co-author, “No-Poach Agreements: Too Many Chefs in the Kitchen?” Dallas Bar Association’s Headnotes, October 2019
- “Legal Update,” sponsored by the U.S. Poultry & Egg Association’s 2019 Live Production, Welfare & Biosecurity Seminar (Nashville, Tennessee)
- “USDA Should Take Caution with Proposed Rules for Meat Industry,” Meatingplace Blog, August 2019
- Co-author, “Agriculture and Food Handbook,” American Bar Association, 2019
- “Best Practices in the Field – Service Tech Documentation,” 2018 Auburn University National Poultry Technology Center’s Housing School (Auburn, Alabama)
- “2018 Live Production Legal Update,” sponsored by the Louisiana Poultry Federation’s 2018 Louisiana Poultry Seminar (Shreveport, Louisiana)
- “Legal Review for Live Production/Animal Welfare,” sponsored by the U.S. Poultry & Egg Association’s 2017 Live Production, Welfare & Biosecurity Seminar (Nashville, Tennessee)
- “Legal Update,” sponsored by the U.S. Poultry & Egg Association’s 2016 Live Production & Welfare Seminar (Nashville, Tennessee)
- “Legal Review for Live Production/Animal Welfare,” sponsored by the U.S. Poultry & Egg Association’s 2015 Live Production & Welfare Seminar (Nashville, Tennessee)
- “On-Farm Documentation for Service Techs,” sponsored by the Louisiana Poultry Federation’s 2015 Louisiana Poultry Seminar (Shreveport, Louisiana)
- “Issues Affecting Grower Relations,” sponsored by the Alabama Poultry & Egg Association’s 2014 Alabama Poultry Industry Workshop (Auburn, Alabama)
- “Legal Update,” sponsored by the U.S. Poultry & Egg Association’s 2014 Live Production & Welfare Seminar (Nashville, Tennessee)
- “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Federation’s 2014 Louisiana Poultry Seminar (Shreveport, Louisiana)
- “Legal Update for Live Production,” sponsored by the National Chicken Council’s Joint Growout & Poultry Health Committee Meeting 2013 (Ocean City, Maryland)
- “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