Clayton Bailey

Mr. Bailey has extensive trial experience in complex litigation matters and an impressive record in federal and state appellate cases throughout the nation. Mr. Bailey has been named by his peers as a Litigation Star in the 2015-2017 editions of Benchmark Litigation and among the list of Texas Super Lawyers in 2011-2017, by Thomson Reuters. Most recently, Mr. Bailey was named to 2017 Best Lawyers in America, and Bailey Brauer was recognized among the nation’s Most Feared Litigation Firms in 2017 that corporate lawyers never want to face in court, according to a survey of in-house counsel conducted by BTI Consulting Group. Mr. Bailey has also been recognized as “Appellate Lawyer of the Week” by The Texas Lawyer for his work as lead appellate counsel in a case before the United States Fifth Circuit Court of Appeals. He is a member of numerous invitation-only professional associations, such as the Federal Bar Association and Litigation Counsel of America. Mr. Bailey also serves on several committees, including the Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee. Mr. Bailey graduated magna cum laude from Baylor University and was elected into Phi Beta Kappa because of his academic success. He graduated cum laude from the Southern Methodist University School of Law. While at SMU School of Law, Mr. Bailey served as editor-in-chief of a law journal.

Mr. Bailey’s practice focuses on the litigation and trial of complex tort and commercial litigation matters. His experience includes litigating, trying and appealing cases involving contract disputes, business torts, RICO, ERISA, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, Packers and Stockyards Act, and wrongful death. Mr. Bailey’s litigation experience also includes successfully defending against putative class actions and claims involving numerous parties. Mr. Bailey has tried several cases in federal courts (both district courts and bankruptcy courts) and state courts throughout Texas, Louisiana, and Oklahoma, as well as litigating cases in such states as Alabama, Arkansas, California, Georgia, Mississippi, New York, North Carolina and South Carolina. He also has significant experience briefing and arguing appeals before various federal and state appellate courts, including the Supreme Courts of Louisiana, Mississippi and Texas, various intermediate appellate courts throughout Texas and Louisiana, and the United States Courts of Appeals for the Fifth, Eighth, Ninth, Tenth and Federal Circuits.


  • U.S. Supreme Court
  • 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
  • Texas Supreme Court

Professional Honors

  • Best Lawyers in America, 2017
  • Texas Super Lawyers, 2011-2017, by Thomson Reuters
  • Litigation Star, Benchmark Litigation, 2015-2016
  • Most Feared Litigation Firms, 2017, by BTI Consulting Group
  • Client Service All-Star, BTI Consulting Group, 2014
  • Local Litigation Star (Texas), Benchmark Litigation, 2014
  • Future Star (Texas), Benchmark Litigation, 2012, 2013


Phone: (214) 360-7424
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Fields of Practice

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


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

Representative Cases

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