Clayton Bailey

Partner
Consistently recognized as a Benchmark Litigation “Litigation Star,” 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, Eleventh and Federal Circuits.

His work on both sides of the aisle has earned him significant professional honors and recognition. He has been named among The American Lawyer’s 2022 South Trailblazers, Texas Lawyer magazine’s 2019 Texas Trailblazers and National Law Journal’s 2017 Elite Boutique Trailblazers. He has consistently been named a “Litigation Star” by Benchmark Litigation (2015-26), selected to The Best Lawyers in America (2017-25), Texas Super Lawyers (2011-24), and Lawdragon 500 Leading Global Antitrust & Competition Lawyers (2025), Leading Plaintiff Financial Lawyers (2021-2024), and Leading Litigators in America (2023-25) legal guides. 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. He earned “Appellate Lawyer of the Week” recognition by The Texas Lawyer for his work as lead appellate counsel in a case before the U.S. 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, 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

  • The Best Lawyers in America, 2017-2027
  • Lawdragon 500 Leading Litigators in America, 2023-2026
  • Lawdragon 500 Leading Global Antitrust & Competition Lawyers, 2025-2026
  • Litigation Star, Benchmark Litigation, 2015-2026
  • Texas Super Lawyers, Thomson Reuters, 2011-2026
  • Lawdragon 500 Leading Plaintiff Financial Lawyers, 2021-2026
  • Top 100 Texas Civil Plaintiff Lawyers, The National Trial Lawyers, 2017-2020
  • D CEO Dallas 500, 2025
  • 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

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

National COVID-19 litigation and appellate counsel for several of the world’s largest meat companies

Elijah, et al. v. Pilgrim’s Pride Corp., et al, Civil Action No. 5:21-CV-00047-RWS, U.S. District Court for the Eastern District of Texas, Texarkana Division (March 3, 2023)

  • 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.

Gutierrez v. Fusion Pacific, Inc. No. 21-1783-B/C, 241st Judicial District Court of Smith County, Texas (Jan. 4, 2023)

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.

Brown v. Fusion Pacific, Inc., No. 20-2488-C, 241st Judicial District Court of Smith County, Texas (July 22, 2022)

Obtained summary judgment on behalf of client in negligence lawsuit stemming from highly publicized Legionnaires’ disease outbreak at the 2019 East Texas State Fair.

Tyson Foods, Inc. v. Brian Baker and Foster Farms, LLC, Case No. 72CV-22-1312, Circuit Court of Washington County, Civil Division (June 21, 2022)

Defeated Tyson Food’s motion seeking a preliminary injunction relating to an alleged violation of a non-compete agreement and theft of trade secrets.

Requena v. Pilgrim’s Pride Corp., 2022 WL 1223624 (E.D. Tex. Apr. 22, 2022)

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.

Mike Petke v. Utah Soccer, LLC d/b/a Real Salt Lake, Civil No. 190907265, in the Third Judicial District Court, Salt Lake County, Utah.

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.

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.

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.

Obtained preliminary injunction enjoining a landlord from terminating various agreements and commencing eviction proceedings against lessee.

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.

Obtained reversal of jury verdict and decision in favor of client who sued insurance company.

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

Professional Associations and Memberships

Litigation Counsel of America

Litigation Counsel of America, The Trial Lawyer Honorary Society – Fellow

American Bar Association

Agriculture and Food Committee of the Section of Antitrust Law

State Bar of Texas

Antitrust and Business Litigation
Appellate Section
Litigation Section

Dallas Bar Association

Judiciary Committee
Fee Disputes Committee

Federal Bar Association

The Trial Law Institute

The Trial Law Institute – Member