Benjamin Stewart

Counsel
Mr. Stewart represents companies and individuals in complex commercial and bankruptcy litigation matters. He has successfully litigated cases in federal courts in Texas, Colorado, and Delaware and state courts throughout Texas. In the commercial litigation context, Mr. Stewart has handled cases involving fraud, contractual disputes, theft, breach of fiduciary duty, conspiracy, violation of restrictive covenants, antitrust, insurance coverage disputes, and officer/director liability. In the bankruptcy litigation context, he has represented clients in adversary proceedings, claims administration and objections, estate valuation disputes, contested confirmation hearings, and contested matters related to lifting or extending the automatic stay, assuming and rejecting contracts, and cash collateral/adequate protection issues. Mr. Stewart has also assisted companies with internal investigations and government investigations—including responding to civil investigative demands from the SEC and CFTC.

Mr. Stewart is a member of the Federal Bar Association and serves on the Publications Committee for 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 graduated from Columbia Law School, where he was a Harlan Fiske Stone Scholar and served as a moot court editor and judge.

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, District of Colorado
  • U.S. District Court, Western District of Wisconsin
  • Texas Supreme Court

Contact

Phone: (214) 360-7438
Email: BStewart@BaileyBrauer.com
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Fields of Practice

  • Appeals
  • Bankruptcy Litigation
  • Complex Commercial Litigation
  • Government Investigations
  • Oil and Gas Litigation
  • Trials

Experience

  • Bailey Brauer PLLC (2013 – current)
  • Kelly Hart & Hallman LLP (2012 – 2013)
  • Weil Gotshal & Manges LLP (2007 – 2012)
  • The Hon. A. Joe Fish, Northern District of Texas (2006 – 2007)
  • Locke Liddell & Sapp LLP (2004 – 2006)

Representative Cases

U.S. Bank Nat'l Ass'n v. Verizon Comms. Inc., 817 F. Supp. 2d 934 (N.D. Tex. 2011)
Obtained partial dismissal of claims seeking $9.5 billion in damages; a take nothing judgment was later entered against the plaintiff.
In re Semcrude, L.P., No. 08-11525 (BLS) (Bankr. D. Del. 2010)
Handled litigation related to administrative priority claims, reclamation claims, general unsecured claims, and purported secured claims.
In re Pilgrim’s Pride Corp., 403 B.R. 413 (Bankr. N.D. Tex. 2009)
Defeated independent contractors’ attempt to force debtor to assume unprofitable contracts.
Winzer Corp. v. Vanderhider, Cause No. 12-08037 (68th District Court, Dallas County, Texas 2012)
Secured temporary restraining order and temporary injunction against former franchisee who misappropriated trade secrets.
Horizon Freight Sys., Inc. v. Stewart Delivery Serv., Inc., Cause No. 096-259257-12 (96th District Court of          Tarrant County, Texas 2013)
Won summary judgment for trucking company in contractual dispute with purported third-party beneficiary.
Pfirman v. Loss Analytics, Inc., et al., Cause No. 141-265587-13 (141st District Court of Tarrant County,          Texas 2013)
Obtained $800,000 judgment on deceptive trade practices and breach of fiduciary duty claims against unlicensed public insurance adjustor and co-conspirators.

Publications/Speaking Engagements

  • Co-author of “Using Statute of Limitations as a Defense to Federal Cable and Satellite Piracy Claims,” SIDEBAR, Winter 2013, at 6-7
  • Author and presenter of “New Rules for Expert Discovery: The 2010 Amendments to Federal Rule of Civil Procedure 26,” January 31, 2011
  • Co-author of “Dealing With Confidential and Proprietary Information in Texas and Federal Courts,” 2006 State Bar of Texas Advanced Evidence and Discovery Law Course
  • Contributing editor to John H. McElhany, et al., “Costs and Disbursements,” in 4 BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURT 973 (Robert L. Haig, ed., 2d ed. 2005)

Professional Associations and Memberships

Federal Bar Association

Litigation Section
Young Lawyers Division

State Bar of Texas

Texas Bar Foundation

Tarrant County Bar Association

Texas Lawyers for Texas Veterans

Terrant County Chapter