From Antitrust Law Daily, August 29, 2013 Chicken supplier's efforts to reduce supply, increase prices not anticompetitive By Jeffrey May, J.D. One of the world’s largest suppliers of processed chicken did not violate Section 192(e) of the Packers and Stockyards Act of 1921 (PSA) by reducing its commodity chicken output in an ultimately unsuccessful attempt to avoid bankruptcy, the U.S. Court of Appeals in New Orleans has ruled. Section 192(e) of the PSA proscribes only anticompetitive conduct, and the defending supplier's conduct was “merely the legitimate response of a rational market participant to changes in a dynamic market.” A lower court's finding that Pilgrim’s Pride Corporation (PPC) idled chicken processing facilities in an unlawful attempt to manipulate or control poultry prices was reversed, and judgment was entered in favor of PPC (In the Matter of: Pilgrim’s Pride Corp., August 27, 2013, Per curiam). Facing severe economic difficulties in 2008, PPC shut down several processing and distribution facilities and restructured supply contracts, among other things, to stem its losses. These measures proved ineffective, and PPC filed for Chapter 11 bankruptcy relief in December 2008. Among the shuttered facilities was an El Dorado, Arkansas, processing complex. As a result of the facility’s closure, the husbandry services of some 163 contract chicken growers were no longer needed, and PPC rejected all related poultry grower agreements. In response to the termination of their growing agreements, a group of the affected chicken growers filed suit under the PSA, alleging that PPC had engaged in a course of business for the purpose of “manipulating or controlling prices” in violation of PSA § 192(e). After the lower court found that PPC violated the PSA, the complaining chicken growers were awarded over $25

Law360, New York (August 28, 2013, 12:44 PM ET) -- Alexander M. Brauer is a founding partner of Bailey & Brauer PLLC in Dallas, Texas. He represents businesses and individuals in various high-stakes litigation matters. He has successfully litigated and tried cases in federal and state courts throughout Texas, Louisiana, Arkansas and Nevada. Brauer also has a stellar record representing clients in appeals before the United States Fifth Circuit Court of Appeals and various Texas state intermediate appellate courts. Because of his success, Alex Brauer has been consistently recognized as a Texas Rising Star, as published in Thompson Reuters, every year since 2010. Brauer also serves on numerous committees such as the Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee. He graduated cum laude from Florida State University and from the Georgetown University Law Center, where he served as executive editor of a law journal. Brauer’s practice focuses on defending and prosecuting complex commercial litigation matters involving claims of fraud, breach of contract, business torts, breach of fiduciary duty, conspiracy, deceptive trade practices, theft of trade secrets, RICO, antitrust, and violations of the Fair Labor Standards Act and the Packers and Stockyards Act. He has successfully defended against class and collective actions, and also represents parties in complex tort matters, including negligence and wrongful death cases. Q: How did you become a rainmaker? A: Doing exceptional work and providing extraordinary service, from day one, is the price of entry. And that’s the case whether you’re working directly for a client or you’re doing work for other attorneys at your firm. If a lawyer refers work to me for the first time, I’m just as concerned with doing a great job so that attorney will look good and continue to refer me business as I am with doing a great

Isle of Wight hog farmers using disinfectants, extra restrictions to protect herds July 23, 2013|By Allison T. Williams and Michael Welles Shapiro, atwilliams@dailypress.com | 757-247-4535 ISLE OF WIGHT — A virus that has killed thousands of young pigs in 15 states has now leaped from the Midwest to North Carolina. The states affected include eight where a Smithfield Foods hog-raising subsidiary has facilities. The company says none of its 12 sow farms — company-owned facilities where sows give birth to piglets — have been affected. Murphy-Brown, Smithfield's North Carolina-based hog farming unit, owns 460 farms and contracts with 2,100 farmers in 12 states. It has directed its farmers to take steps to protect their herds from the virus. No visitors are allowed and people who work with the animals wear boots and are sprayed with disinfectant whenever they leave a pig enclosure. Porcine epidemic diarrhea virus, known as PEDV, causes severe diarrhea and vomiting. Although pigs of all ages can be infected with the virus, older pigs have stronger immune systems and become more resistant to the disease, said Harry Snelson, a veterinarian and communications director for the American Association of Swine Veterinarians. "The highest mortality rate is in infected piglets younger than seven days," Snelson said. Entire herds of young pigs have died from the virus, particularly in the Midwestern states that are among the country's top pork producers. Previously, the virus was only found in Europe and China, where it killed more than a million young pigs last year. Researchers do not know how the virus reached the United States, but it is moving rapidly. It was first confirmed in Arkansas in May. By the end of June, it had spread to more

By Jess Davis Law360, Dallas (July 09, 2013, 8:43 PM ET) -- A pair of former Baker & McKenzie LLP attorneys have opened a trial and appellate boutique in Dallas focused on complex commercial litigation and agricultural business, known as Bailey Brauer PLLC, the firm said Tuesday. Clayton Bailey, the former head of Baker & McKenzie’s Dallas litigation group, and Alex Brauer opened shop in mid-May with just one associate but plan to grow the boutique into a litigation and appeals powerhouse. They said working in a smaller firm allowed them to provide the same quality of legal expertise at a more cost-effective price for clients and gave them more freedom to provide alternative fee arrangements. A smaller firm also helps the attorneys avoid the complicated conflicts that sometimes forced them to turn down business at Baker & McKenzie, which now refers them some cases it cannot take, Brauer said. “The freedom and flexibility to work with clients on payment options or how to handle a case, and to be nimble and quick without a lot of big global politics to go through or conflicts checks before taking a case has made it a lot more fun and enjoyable,” Brauer told Law360. The two worked often together at Baker & McKenzie and racked up a string of wins at trials and in the appellate courts, including more than a dozen published opinions. Their clients include Pilgrim’s Pride Corp., Durez Corp., Harrell Nut Co., Sage Western Investments and Lone Star Investment Advisors, among others. “Together, we proved our mettle at one of the world’s largest law firms,” Bailey said in a statement. “And we will continue to deliver that kind of sophisticated, aggressive and creative work at Bailey Brauer.” The firm is expecting a decision shortly from the Fifth Circuit