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, 2011-2022, by Thomson Reuters
- The Best Lawyers in America, 2017-2023
- Lawdragon 500 Leading Litigators in America, 2023
- 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
Currently represent former professional coach Mike Petke in a lawsuit against Major League Soccer’s Real Salt Lake soccer club.
Currently represent 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.
Currently represent 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
- 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