Clayton E. Bailey

Clayton E. Bailey

Attorney Profile

Top Rated Business Litigation Attorney in Dallas, TX

Bailey Brauer PLLC
 | Campbell Centre I, 8350 N. Central Expressway, Suite 650
Dallas, TX 75206
Phone: 214-360-7424
Fax: 214-360-7435
Selected to Super Lawyers: 2011 - 2019
Licensed Since: 1996
Practice Areas:
  • Business Litigation (40%),
  • Antitrust Litigation (30%),
  • Appellate (30%)
Attorney Profile

In the last five years, Clayton Bailey has saved his clients approximately $500 million in potential exposure. His impressive record at the trial and appellate level has earned him several accolades, including being named to Best Lawyers in America in 2017-2019 and Texas Super Lawyers from 2011-2018. He was also named a Litigation Star by Benchmark Litigation in 2015-2019 and a Client Service All-Star by BTI Consulting Group. Most recently, Bailey Brauer was recognized among the nation's Most Feared Litigation Firms in 2017-2018 that corporate lawyers never want to face in court, according to a survey of in-house counsel conducted by BTI Consulting Group.

Mr. Bailey’s practice focuses on the litigation and trial of complex tort and commercial litigation matters. His experience includes handling 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. He has tried several cases in federal courts (both district courts and bankruptcy courts) and state courts throughout the country and has significant experience briefing and arguing appeals before various federal and state appellate courts.

Mr. Bailey was recognized as “Appellate Lawyer of the Week” by Texas Lawyer for his work as lead appellate counsel in a case before the 5th U.S. Circuit Court of Appeals. He is a fellow of the Litigation Counsel of America, and a member of numerous invitation-only professional associations. He serves on numerous 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 a member of Phi Beta Kappa. He graduated cum laude from the Southern Methodist University School of Law, where he served as editor in chief of a law journal.

Bailey Brauer is ranked among the Best Law Firms by U.S. News and Best Lawyers.

About Clayton Bailey

Admitted: 1996, Texas

Professional Webpage: http://baileybrauer.com/index.php/clayton-bailey/

Honors/Awards:

  • Litigation Star by Benchmark Litigation, 2015, 2016, 2017, 2018, 2019
  • Best Lawyers in America, 2017-2019
  • Most Feared Litigation Firms based on a survey of corporate and general counsels, by BTI Consulting Group, 2017, 2018
  • Texas Super Lawyers by Thomson Reuters, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018
  • National Trial Lawyers' Top 100 Texas Civil Plaintiff Lawyers, 2017
  • Elite Boutique Trailblazers by The National Law Journal, 2017
  • Local Litigation Star (Texas), Benchmark Litigation, 2014
  • Client Service All-Star, BTI Consulting Group, 2014
  • Future Star (Texas), Benchmark Litigation, 2012, 2013

Bar/Professional Activity:

  • Litigation Counsel of America, Fellow
  • Federal Bar Association
  • Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee
  • The Trial Law Institute
  • 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

Scholarly Lectures/Writings:

  • “China Update 2010: Recalibrating Your China Options,” sponsored by Baker & McKenzie, LLP, 2010
  • “USDA-GIPSA Regulations,” sponsored by the Louisiana Poultry Association, 2011 (Shreveport, Louisiana)
  • 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 
  • “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)
  • “New GIPSA Regulations Impacting the Livestock and Poultry Industries,” webinar, 2011
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association, 2012 (Shreveport, Louisiana)
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Mississippi Poultry Association, 2012 (Starkville, Mississippi)
  • “Grain Inspection, Packers and Stockyards Administration Status,” sponsored by the U.S. Poultry and Egg Association, 2012 (Birmingham, Alabama)
  • “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
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association, 2013 (Shreveport, Louisiana)
  • “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
  • “Fifth Circuit Reverses $25 million Chicken Price Fixing Lawsuit Under PSA §192(e), Agriculture and Food Committee of the American Bar Association, Growing Competition Newsletter, September 2013
  • “Current Legal Issues Affecting the Livestock and Poultry Industries: An Update on the Packers and Stockyards Act,” State Bar of Texas, 8th Annual John Huffaker Agricultural Law Course, co-author with S. Brett Offutt, Director of the Policy & Litigation Division for the USDA Packers & Stockyards Program, May 2014

Verdicts/Settlements:

  • JBS USA Wins Dismissal of Complaint against Kentucky Pork Processor: JBS USA LLC and Swift Pork Co. on March 2, 2015, won the dismissal of a complaint filed over JBS Louisville Pork Plant’s use of a parking lot near the processing plant in the Butchertown area of Louisville, Kentucky. Click here to see news coverage of the lawsuit’s dismissal. The suit by Butchertown Neighborhood Association Inc. (BNA) and individual area residents was filed in 2006 against Swift and the Louisville/Jefferson County Metro Government, which leased the parking lot to Swift. The company used the lot as a staging area for trucks awaiting pickup by grocery stores and other buyers of Swift brand processed pork. Neighbors complained about noise and diesel emissions from truck engines, among other issues. Mr. Bailey briefed the court and represented JBS along with attorneys from the Louisville office of Frost Brown Todd LLP.
  • Reiff v. Roy, 115 S.W.3d 700 (Tex. App.-Dallas 2003, pet. denied)
  • Coho Res., Inc. v. Chapman, 913 So.2d 899 (Miss. 2005)
  • Wheeler v. Pilgrim’s Pride Corp., 591 F.3d 355 (5th Cir. 2009) (en banc)
  • Bailey Brauer Attorneys Defeat TracFone Injunction with Only 7 Days to Prepare: Attorneys from Bailey Brauerdefeated a motion by TracFone Wireless Inc. to enforce an injunction filed against two mobile phone resellers. Mr. Bailey, partner Alex Brauer and of counsel Ben Stewart were hired the day before Thanksgiving and took the case to trial only a week later. TracFone Wireless Inc. v. Vicki S. Brooks and Mohamed A. Mohamed was originally filed in 2008 in the U.S. District Court for the Northern District of Texas in Dallas. In the lawsuit, TracFone claimed that Ms. Brooks and Mr. Mohamed bought TracFone mobile phones in bulk, unlocked them to alter the software code so that other providers’ airtime could be loaded onto the phones, and then resold them. A default judgment was entered in September 2008 against the two defendants, along with an injunction prohibiting them from buying any TracFone products in the future. The Bailey Brauer attorneys proved to the court that their clients did not know that the phones they purchased – which were marketed under the Straight Talk Wireless brand – were affiliated with TracFone and off-limits under terms of the injunction. On Dec. 16, 2014, U.S. Magistrate Judge Renée Harris Toliver issued a 15-page order, ruling that, among other things, TracFone’s injunction was “overbroad because, as Defendants note, they would be precluded from going to Verizon, AT&T, Virgin Mobile, or any of TracFone’s other competitors and purchasing any model of phone that TracFone … also happen[s] to sell.” Click here for more information about this lawsuit.
  • Morris v. Burlington Ins. Co., No. 02-01-00234-CV (Tex. App.-Fort Worth), pet denied, 02-0891 (Tex. Dec. 12, 2002), reh’g denied, (Tex. Jan. 30, 2003)
  • Shear Cuts, Inc. v. Littlejohn, 141 S.W.3d 264 (Tex. App.-Fort Worth 2004, no pet.)
  • City of Clinton, Ark. v. Pilgrim’s Pride Corp., 632 F.3d 148 (5th Cir. 2010)
  • Agerton v. Pilgrim’s Pride Corp., 728 F.3d 457 (5th Cir. 2013)
  • JBS USA Wins Ruling to Allow Improvements at Kentucky Pork Processing Plant: JBS USA and Swift Pork Co. have won a ruling that allows the company to make a series of major improvements at the JBS Louisville Pork Plant in the Butchertown area of Louisville, Kentucky. The judge’s April 7, 2015, order clears the way for JBS to complete work on a set of improvements aimed at upgrading the appearance of the plant as well as reducing the plant’s impact on the surrounding neighborhood. The improvements include an enclosed chute for processing animals, a covered outdoor employee break area, a decorative fence in front of the facility, and a small expansion of the plant’s processing area. Click here to see news coverage of the ruling. Clayton Bailey briefed and argued JBS’ case before the court.
  • Pratt-Shaw v. Pilgrim’s Pride Corp., 122 S.W.3d 825 (Tex. App.-Dallas 2003, pet denied)
  • Miller v. Pilgrim’s Pride Corp., 970 So.2d 1268 (La. App. 3 Cir. 2007)
  • Clinton Growers v. Pilgrim’s Pride Corp., 706 F.3d 636 (5th Cir. 2013)

Other Outstanding Achievements:

  • Among the firm's many courtroom successes is a precedent-setting, en banc appellate ruling that cemented the law protecting the entire agribusiness industry from claims filed under the Packers & Stockyards Act.
  • Recognized by Texas Lawyer magazine for his work as lead appellate counsel in a case before the United States Fifth Circuit Court of Appeals.
  • Ranked among the Best Law Firms in the country by U.S. News and Best Lawyers, 2019

Industry Groups

  • Agribusiness
  • Manufacturing
  • Technology
Office Location for Clayton E. Bailey

Campbell Centre I
8350 N. Central Expressway, Suite 650
Dallas, TX 75206

Clayton E. Bailey:

Last Updated: 4/4/2019

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