DALLAS – Trial attorney Alex Brauer, co-founder of the litigation boutique Bailey Brauer PLLC, has been named for a fourth time among the top lawyers in Dallas by D Magazine. “Alex continues to provide aggressive, creative legal solutions to clients who expect sophisticated representation,” said firm co-founder Clayton Bailey. “As a boutique law firm, Bailey Brauer provides the flexibility to build relationships that allow you to understand what will best help a business achieve success,” adds Mr. Brauer. Selected to the 2019 Best Lawyers in Dallas list for his work in commercial litigation, Mr. Bauer’s practice spans a wide range of industries. He is focused on high-stakes disputes involving claims of fraud, tortious interference, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, and antitrust violations. He has successfully defended clients facing class and collective actions and represented plaintiffs and defendants in complex tort and negligence cases. His work in trials, appeals and settlement negotiations has helped him earn numerous professional honors. In addition to Best Lawyers in Dallas, he has been recognized in the Texas edition of Super Lawyers magazine by Thomson Reuters and in The Best Lawyers in America guide. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees and is a devoted community advocate. He is a board member for literacy program Readers 2 Leaders and is on the Host Committee for the Great Investors’ Best Ideas Foundation, benefiting The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas list is determined through peer voting and extensive review by an independent panel of distinguished attorneys along with
DALLAS – Attorney Benjamin Stewart of Dallas-based litigation boutique Bailey Brauer PLLC has been named for a third time among the top young lawyers in Texas. Mr. Stewart was recognized on the Texas Super Lawyers’ 2019 Rising Stars list for his work in complex commercial and bankruptcy litigation. Only 2.5 percent of lawyers in the state are chosen each year. “Ben is one of those lawyers who is always exceptionally well-prepared, is a step ahead, and is not going to stop when his client’s business is at stake,” says Bailey Brauer co-founder Alex Brauer. “In the courtroom, his opponents quickly recognize what they’re up against,” adds co-founder Clayton Bailey. Mr. Stewart represents clients in federal and state courts in matters including contractual disputes, breach of fiduciary duty, insurance coverage, officer/director liability, and contested confirmation hearings. He also assists companies with both internal and governmental investigations including responses to civil investigative demands from the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission. A member of the Federal Bar Association and Texas Bar Foundation, he earned his law degree from Columbia Law School. “Working alongside Alex and Clayton has undoubtedly helped raise my profile in the legal community, but recognition by Rising Stars is clearly an honor because it involves consideration by our peers,” said Mr. Stewart. Texas Rising Stars recognizes the state’s top attorneys who are 40 years or younger or who have been in practice for 10 years or less. Selection is based on peer nominations, independent research and review by a separate advisory group. The full 2019 listing is published in the Texas edition of Super Lawyers magazine and the April issue of Texas Monthly. About Bailey Brauer PLLC Bailey Brauer
Selection to 2019 guide is latest honor for litigation, appellate firm and co-founders DALLAS – Dallas-based litigation boutique Bailey Brauer PLLC has earned recognition among the Best Law Firms in the country for 2019 by U.S. News & World Report and The Best Lawyers in America. The firm was singled out for its appellate work. Selection is based on extensive client and attorney evaluations, practice-specific peer review and editorial review. To be eligible for consideration, a firm must have a lawyer listed in the annual Best Lawyers in America guide. Firm co-founders Clayton Bailey and Alex Brauer are each recognized in the 2019 edition – Mr. Bailey for his appellate work and Mr. Brauer for commercial litigation. “This firm works to provide our clients exceptional legal advice start to finish, from negotiating disputes and preparing for litigation to trying a case and following through on appeal,” said Mr. Brauer. “To be considered among the top firms is validation of our dedication to our clients.” The full 2019 listing of Best Law Firms can be found at https://bestlawfirms.usnews.com/. This honor is just the latest accolade earned by the Bailey Brauer co-founders. In October, Mr. Bailey was named a Litigation Star in commercial litigation for the fifth year in a row by the Benchmark Litigation legal guide. He was also recognized by Benchmark for his competition-based litigation practice, as well as his international arbitration work. Mr. Bailey and Mr. Brauer were each selected to the 2018 Texas Super Lawyers listing for their business litigation work. The guide to Texas’ top lawyers is published annually by Thomson Reuters in Texas Monthly and Super Lawyers magazines. Earlier this year, Mr. Brauer was recognized for a third consecutive time among
A debate that’s crowed for nearly 10 years with big consequences for the meat industry captured the attention of Bailey Brauer co-founder Clayton Bailey. Given his industry expertise, his guest commentary on the topic appears in the October edition of The National Provisioner. In his commentary, Mr. Bailey says the debate recently heard before the U.S. 8th Circuit Court of Appeals involves arguments that challenge the U.S. Department of Agriculture’s decision in 2017 to withdraw or withhold further actions on three regulations enacted during the Obama Adminstration. The regulations withdrawn in 2017 essentially rolled back the unanimous opinions of eight federal circuit courts of appeals. Each opinion held that a plaintiff must prove harm to competition in order to prevail in court under section 192(a) or (b) of the Packers and Stockyard[s] Act. Mr. Bailey, a trial and appellate attorney with a national reputation for his work within the agriculture industry, writes that without anticompetitive effect requirements, farmers could sue and recover damages for conduct alleged to be “unfair” or that provides another “any undue or unreasonable preference or advantage.” The main reason the USDA withdrew and did not take further action on the regulations was the department’s “serious legal and policy concerns related to the promulgation and implementation” of the regulations. Meantime, the USDA has said that finalizing the regulations would result in violations of the public’s right to notice and an opportunity to comment. The appeal was filed by three poultry and cattle farmers and the Organization for Competitive Markets (OCM) that advocates “for effective regulation and enforcment by the federal government under the Packers and Stockyards Act. They have asked the 8th Circuit to vacate the USDA’s actions and compel the agency
Partners at Dallas firm recognized for appellate, commercial litigation work DALLAS – Clayton Bailey and Alex Brauer, co-founders of the Dallas-based litigation boutique Bailey Brauer PLLC, have been selected for recognition in the 2019 edition of The Best Lawyers in America. Mr. Bailey is being recognized for his appellate work, and Mr. Brauer is included among the leading commercial litigation attorneys in the country. A widely respected litigation boutique, Bailey Brauer and its lawyers have earned multiple honors from BTI Consulting Group, the National Law Journal, Texas Super Lawyers and D Magazine in addition to The Best Lawyers in America. “As a firm, we have always focused on providing clients with comprehensive legal solutions,” said Mr. Brauer. “Earning recognition for both our appellate and litigation expertise is a sign that we have been successful at representing clients in all phases of trial work and appeals.” Mr. Bailey, one of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers, is known for his trial and appellate experience in complex tort and other commercial cases in federal and state appeals courts. In 2017, he was the only Texas-based lawyer selected to the National Law Journal’s Elite Boutique Trailblazers honoring legal innovators who are changing the boutique law landscape. Mr. Brauer, recognized as a leading commercial litigator by various publications, represents companies and high net worth individuals involved in high-stakes business litigation. His practice spans various industries and he has successfully represented clients in both state and federal courts across the country. The profession’s oldest U.S. peer-review guide, The Best Lawyers in America is also among the most respected. Selection is based on confidential evaluations by attorneys in the same practice area and from the same geographic
Looking for what it called a “non-confusing, non-biased” legal perspective on the North Carolina hog farm nuisance trials involving Murphy-Brown, a subsidiary of Smithfield Foods, Meat Packing Journal turned to Bailey Brauer co-founder Clayton Bailey for its July-August 2018 cover story, “Successful Lawsuit Means Open Season On US Producers.” A trial and appellate attorney known nationally for his work within the agriculture industry, Mr. Bailey spoke in-depth on the key issues in the case against the hog farm and the potential impact of the original $50 million jury verdict. “Allegedly, the hog farm complied with laws regulating its operations, but the problem concerned the impact of that operation on the neighbours and whether the neighbours’ rights were infringed. The crux of the lawsuit boiled down to whether the hog farm’s operations substantially and unreasonably interfered with the neighbours’ use and enjoyment of their property,” said Mr. Bailey, in reference to the impact the smells and sounds emanating from a hog farm has on a nearby residential development . “When you move into a rural area, you have to anticipate animal sounds and smells. It’s like electing to live in Manhattan, New York, and becoming offended by hearing sirens, honking horns, and smelling car exhaust – what did you expect? That said, hog farms need to be good neighbours by taking reasonable steps to mitigate against sounds and smells. Other ways to be a good neighbour are to communicate, be proactive, and address complaints. Based on my experience, problems like the one in North Carolina can be avoided if there is good communication because the offended party is more likely to want to work with the farmer/company than to get involved in a legal fight.” Mr.
The April 27, 2018, edition of Politico’s The Morning Agriculture column examined the $50 million federal jury award in the bellwether trial against a Bladen County, N.C., commercial hog operation. Residents of a residential development had filed suit claiming conditions at nearby Kinlaw Farm contributed to their diminished quality of life. Bailey Brauer co-founder Clayton Bailey told Politico that the verdict could result in an uptick in similar nuisance cases against industrial operations. “Somebody will look at this and say: ‘These folks won, let’s see how they did it,’ and they’ll try to piggyback and bring one somewhere else,” said Mr. Bailey, who was not involved in this case. “It could be against Smithfield; it could be against someone else; it could be in a different industry — it could be in the cattle industry.” Kinlaw Farm operates under contract with Murphy-Brown, a subsidiary of Smithfield Foods. Murphy-Brown was sued in 2014 by approximately 500 residents for what they claim was the company’s “refusal” to invest in costly alternative waste-disposal methods that would have minimized odors emanating from Kinlaw Farm. The Bladen County trial was seen as a bellwether for subsequent trial. Morning Agriculture came back to Mr. Bailey when they revisited the dispute on July 18 to explore an emergency appeal of a gag order currently pending before the U.S. Court of Appeals for the 4th Circuit. The order was unexpected, as it was crafted without a request from either side, and Smithfield has argued that the order is a violation of the first Amendment. Mr. Bailey suggested that the appeal could play into Smithfield’s long-term plan to win at the appellate level even if juries continue to return verdicts against the company. Mr.
When a North Carolina federal jury awarded $50 million in compensatory and punitive damages to 10 homeowners over claims a hog farm had contributed significantly to their diminished quality of life, observers immediately labeled the decision as a “landmark” verdict. However, Bailey Brauer co-founder Clayton Bailey notes that upon closer review, there is the potential that the decision could have little or no lasting impact upon the agribusiness industry. Mr. Bailey explored the case in “’Landmark’ Hog Nuisance Verdict May Leave No Mark at All,” which appeared in the preeminent meat processing industry publication, The National Provisioner. Mr. Bailey notes that North Carolina state law caps exemplary damages which reduces the amount of the jury’s award significantly. “If the verdict withstands further scrutiny, the total recovery for all 10 plaintiffs, including both actual and punitive damages, would be somewhere around $3.25 million overall. That is a far cry from what the jury awarded,” he wrote. In addition, Mr. Bailey wrote, there are many issues ripe for exploration in the already announced appeal, including comments made by the judge as testimony concluded. “According to media accounts, the judge announced, ‘My only comment is that I am tired of looking at that dirty hog,’ referring to a life-size, waste-covered hog model that sat in the courtroom during the trial. If the company chooses, it could argue the judge’s comments prejudiced the jury, which could lead to a new trial altogether.” 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. His work on both sides of the aisle has earned him significant professional honors and recognition, including being named a “Litigation Star”
Noted lawyer recognized among top North Texas commercial litigators by D Magazine DALLAS – Trial attorney Alex Brauer, co-founder of the Dallas-based complex litigation boutique Bailey Brauer PLLC, has been selected to D Magazine’s 2018 Best Lawyers in Dallas listing. Chosen for a third consecutive year for his outstanding commercial litigation work, Mr. Brauer represents companies and high net worth individuals involved in high-stakes business disputes. His practice spans various industries and issues including claims of fraud, breach of contract, breach of fiduciary duty, conspiracy, deceptive trade practices, trade secret theft, RICO, antitrust and violations of the Packers and Stockyards Act. He also has successfully defended against class actions and represents clients in complex tort matters, including negligence and wrongful death. To learn more visit http://brauer.tailfish9.com/alexander-brauer/. “This firm was built on the premise of providing sophisticated legal representation that results in aggressive, creative solutions. It is a description that also matches Alex’s practice,” said firm co-founder Clayton Bailey. “He is an exceptional attorney, deserving of this recognition.” Founded in 2013, Bailey Brauer quickly established itself among the most respected firms in the country, earning multiple honors for individual lawyers and the firm from BTI Consulting Group, Benchmark Litigation, U.S. News-Best Lawyers, The National Law Journal, The Best Lawyers in America and Texas Super Lawyers. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees. A dedicated community advocate, he is a board member for the Readers 2 Leaders literacy program. He also has served on the Host Committee for the Great Investors’ Best Ideas Foundation, which benefits The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas
Bailey Brauer attorney tells Houston Chronicle that cost, finality has some rethinking mandatory arbitration DALLAS – Designed to keep business disputes out of the courtroom and long a staple in a wide range of contracts, mandatory arbitration clauses are drawing increased scrutiny from consumers, businesses and lawmakers. Bailey Brauer co-founder Alex Brauer told the Houston Chronicle that while many still find them effective, some businesses are starting to rethink their use due to the costs and finality of arbitration. Mr. Brauer recounted, in the March 22, 2018, article “Mandatory Arbitration, Common Foe of Car Buyers, Bank Customers and Porn Stars, Under Attack,” the case that caused one client to sour on mandatory arbitration. After a hearing, the arbitrator found that the other party could not prevail on its claims, but issued a nominal award of $1 in damages. As the respondent, Mr. Brauer’s client was required under the arbitration provision to pay the “prevailing” party’s legal costs of approximately $200,000. "We try to appeal but the courts say, ‘No, you signed up for this,’" said Mr. Brauer. "You don’t know what you’ll get." To read the entire Houston Chronicle article, click here.
DALLAS – As it approaches its fifth anniversary, Dallas-based litigation boutique Bailey Brauer PLLC continues to build a talented bench of lawyers with the addition of two attorneys. Firm co-founder Alex Brauer notes that the recent hiring of associate Adam Bell, along with the addition last year of veteran business litigator Gary Powell, is indicative of the deliberate growth path of the firm. “From the beginning, Bailey Brauer has been dedicated to providing aggressive, creative legal solutions to clients who expect sophisticated representation, and that is not something we will compromise just for the sake of growth,” he says. “We feel confident that Adam and Gary fit that focus in a way that will add tremendous value for our clients.” Mr. Powell, who joined Bailey Brauer as of counsel from Locke Lord LLP, represents clients at the federal, state and appellate levels on matters involving contracts, business torts, real estate, fiduciary duty claims, lease disputes, agency contracts, tortious interference, insurance coverage disputes, and deceptive trade practices. His expertise includes franchise, distribution, telecommunications, and uniform commercial code litigation. For more information, visit http://brauer.tailfish9.com/gary-powell/. Mr. Bell represents companies and individuals in complex commercial litigation and government investigations, and also assists clients in regulatory and transactional reviews. He joins Bailey Brauer from Amarillo-based Brown & Fortunato, P.C. To learn more, visit http://brauer.tailfish9.com/bell-adam/. “We are excited to welcome lawyers of this caliber,” said firm co-founder Clayton Bailey. “Both Gary and Adam are exceptional litigators who are also fine trial and appellate attorneys.” Founded in 2013, Bailey Brauer has quickly grown to be among the most respected firms in the country, earning multiple individual and firm honors from BTI Consulting Group, Benchmark Litigation the National Law Journal, The Best Lawyers
Bailey Brauer co-founder earns place among Texas’ leading commercial litigators DALLAS – Trial and appellate attorney Clayton Bailey, co-founder of Dallas-based litigation boutique Bailey Brauer PLLC, has earned recognition for a fourth consecutive year as a “Local Litigation Star” in the Benchmark Litigation guide to the nation’s top lawyers. Mr. Bailey was named among the leading attorneys in Texas for his general commercial litigation practice. He was also selected for his professional liability practice, competition and securities-based litigation and his international arbitration work. The 2018 edition of Benchmark Litigation was compiled after months of peer review, client-based research and a review of attorney casework. “Earning recognition from Benchmark Litigation is certainly an honor, not only for me, but also for our firm,” said Mr. Bailey. “It serves as a strong indicator that our commitment to our clients has not gone unnoticed.” The prestigious Benchmark selection is just the latest honor for Mr. Bailey, who was also recently selected to join the invitation-only National Trial Lawyers’ Top 100 civil plaintiff lawyers in Texas. Membership is extended to only those attorneys who exemplify superior qualifications, trial results and professional leadership. For more information on the National Trial Lawyers please visit: https://www.thenationaltriallawyers.org. Founded in 2013, Bailey Brauer has quickly grown to be among the most respected firms in the country, earning multiple individual and firm recognitions from BTI Consulting Group, the National Law Journal, The Best Lawyers in America, Texas Super Lawyers and D Magazine. About Bailey Brauer PLLC Bailey Brauer PLLC is nationally recognized for its trial and appellate work and provides battle-tested, sophisticated courtroom experience in high-stakes litigation matters. Led by veteran trial and appellate lawyers Clayton Bailey and Alex Brauer, the firm focuses on complex
Firm included in prestigious BTI Litigation Outlook 2018 report DALLAS – The Dallas-based trial and appellate law firm Bailey Brauer PLLC has again earned a spot among an elite group of firms that corporate lawyers most fear facing in court. Founded in 2013, Bailey Brauer is among the youngest and smallest firms included on BTI Litigation Outlook 2018’s Honor Roll of the nation’s Most Feared Law Firms. This is the second time the firm has been recognized for its complex commercial litigation, class action and other litigation work. Selection is based upon interviews with general counsel and in-house litigation leaders nationwide who were asked which lawyers they would least like to face in litigation. “To earn a place on the BTI list is an honor because it’s based on corporate counsel feedback,” said firm co-founder attorney Alex Brauer. “And what it tells me is that the businesses we represent appreciate how we handle their most important cases, and that is being noticed by those across the table as well.” BTI Consulting Group, based in Massachusetts, is a national business research company that conducts independent research on how Fortune 1000 companies buy, manage and evaluate their professional service providers. A full list of its 2018 honorees is available at https://www.bticonsulting.com/litigation-outlook-fearsome-foursome. “What BTI focuses on is client service,” said co-founder Clayton Bailey. “And from day one, serving clients has been at the very heart of what we do. To have that dedication recognized by BTI twice in the four years since we opened is validation that we are on target with providing Big Law quality representation in a much more nimble, responsive way. This represents the second year in a row that BTI has recognized Bailey Brauer,
Bailey Brauer co-founder lauded as ‘legal innovator’ DALLAS – Dallas trial and appellate attorney Clayton Bailey, co-founder of the litigation boutique Bailey Brauer PLLC, is one of 23 attorneys from across the country to be selected to The National Law Journal’s Elite Boutique Trailblazers for 2017. Mr. Bailey is the only Texas-based attorney selected for this honor, which recognizes legal innovators who are changing the boutique law firm landscape. The Elite Boutique Trailblazers supplement is included in the September issue of the National Law Journal and can be found online at http://pdfserver.amlaw.com/nlj/supplements/NLJTB_Elite/mobile/index.html. “When Alex Brauer and I opened this firm, we came from Big Law and wanted to be able to offer clients that same level of representation, but in a much more nimble, responsive fashion,” says Mr. Bailey, who explains in the National Law Journal profile that although the firm intends to expand, he and Alex intend to “keep the size of the firm limited. Once you get beyond a certain size, you can become inefficient. And we want to stay very efficient.” Founded in 2013, Bailey Brauer has quickly grown to be among the most respected firms in the country, earning multiple individual and firm recognitions from Benchmark Litigation, BTI Consulting Group, Texas Super Lawyers and D Magazine. Most recently, Mr. Bailey was selected to the 2018 edition of The Best Lawyers in America in recognition of his appellate practice. The legal profession’s oldest peer-review publication, Best Lawyers is widely considered the top guide to U.S. lawyers, with selection involving a rigorous peer-review survey that includes millions of confidential evaluations by other lawyers. To learn more, visit https://www.bestlawyers.com. About Bailey Brauer PLLC Bailey Brauer PLLC is nationally recognized for its trial and appellate
Dallas litigation boutique listed in Top 10 for law firms with ‘consumer goods’ clients DALLAS – Dallas-based litigation boutique Bailey Brauer PLLC has been selected to BTI Consulting Group’s 2017 ranking of the top 10 law firms in the country with the best client relationships within the consumer goods industry. BTI’s inaugural guide, Industry Power Rankings: The Law Firms with the Best Client Relationships, is based on a survey of corporate counsel and executives at the world’s largest organizations representing 18 different industries. “When we started this firm in 2013, it was with the understanding that client relationships would be the foundation for everything we did,” said co-founder Alex Brauer. “To earn this recognition from BTI is an indicator that we have been successful in maintaining that focus.” To achieve the “Clientopia” status given Bailey Brauer, a firm must earn top rankings in two crucial areas of client service: The client must consider the firm as its primary legal provider and spend the bulk of the organization’s legal dollars with that firm; and the firm must be one the client recommends to peers in an unprompted manner. “To fully earn the trust of a client you have to be dedicated to putting their needs first, and you have to fully understand what those needs are,” said firm co-founder Clayton Bailey. “The only way to accomplish that is to develop the type of personal, one-on-one relationships we have with our clients.” Though Bailey Brauer is among the smallest and youngest firms to be selected to this list, it is not the first time the firm has earned recognition from BTI. Earlier this year, Bailey Brauer was selected among law firms with the “best brand standing” in
DALLAS – The Kentucky Court of Appeals has affirmed without oral argument a 2015 ruling by a Jefferson Circuit judge allowing JBS USA LLC and Swift Pork Co. to proceed with improvements at the JBS Louisville Pork Plant in the Butchertown neighborhood of Louisville, Kentucky. The July 7, 2017, ruling brings to a close an eight-year legal battle between the company and the Butchertown Neighborhood Association over the issuance of a modified conditional use permit enabling the company to complete a series of building modifications designed to improve the appearance and functionality of the nearly 50-year-old plant. Originally opened in 1969, the Swift Pork plant is the last remaining major meat packing facility in the Butchertown area. “This has been a protracted battle instigated by the Butchertown Neighborhood Association that was unnecessary for all concerned, including Louisville’s taxpayers,” said JBS appellate attorney Clayton Bailey of Dallas-based Bailey Brauer PLLC. “JBS has always shared the goals of the Butchertown Neighborhood Association in wanting to help improve the conditions at the plant, and by extension, the conditions of the entire neighborhood. However, the association overreached from the beginning, fighting every attempt at compromise, even at the expense of its own best interests.” Among the improvements covered under the approved modified permit are a covered outdoor employee break area, a decorative fence in front of the facility, enclosure of a hog unloading chute, and a small modification to the facility that improves the humane treatment of the hogs. The ruling also provides clarification on Kentucky’s land use law, said Mr. Bailey. “The court has shown us that even if the surrounding area has evolved since the original permitting, a long-standing company can’t be forced all the way back
By Mark Curriden, The Texas Lawbook – (July 4, 2017) – A North Dakota farming couple cannot rely on a 145-yearold court ruling to avoid paying past debts under Texas general partnership liability law, according to a decision by the U.S. Court of Appeals for the Fifth Circuit. John and Dawn Keeley have until Thursday to file a petition for rehearing at the Fifth Circuit for their claims that the U.S. Supreme Court’s 1872 ruling in Frow v. De Le Vega protects them from individual liability from debts accumulated from a now-defunct agribusiness partnership. But Clayton Bailey, a Dallas lawyer for Crop Production Services, says the Keeleys cannot use the 19th century decision to escape $1.3 million owed his client. A three-judge panel of the Fifth Circuit, in a ninepage per curiam decision, agreed in a unanimous ruling issued June 20. “This case demonstrates that business partners need to take specific steps to protect themselves in general partnerships,” says Bailey, who is a partner at Bailey Brauer in Dallas. The dispute dates back to a January 2008, when the Keeleys and another couple from North Dakota, Tom and Mary Grabanski, formed a business partnership to farm property in Northwest Texas. A month later, the partnership, G&K Farms, borrowed an estimated $642,669.55 in seeds, chemicals and fertilizer from Denver-based CPS. “Mr. Keeley agreed to personally guarantee payment and performance of G&K Farms and assumed personal liability for all obligations due to CPS,” court records show. Court documents show that CPS invoiced G&K Farms multiple times in 2008 and 2009, but was never paid. In September 2009, the Keeleys legally signed over their interests in G&K Farms to the Grabanskis. Four years later, Grabanski filed for Chapter 7
DALLAS – In a decision pivoting on the Fifth Circuit Court of Appeals’ application of a 19th century court ruling to Texas general partnership liability law, an agricultural wholesaler will be allowed to enforce a judgment against individual partners of a defunct agribusiness partnership. The partners of G&K Farms, a North Dakota-based general partnership formed in 2008 to farm land in Texas, amassed debts of nearly $650,000 to Crop Production Services. G&K partners John and Dawn Keeley and Thomas Grabanski made payments on the debt until Mr. Grabanski and his wife filed for bankruptcy in 2013. A default judgment was issued in 2014 against G&K Farms totaling more than $1.3 million, with a subsequent judgment also issued against the Keeleys based on their derivative liability as partners. In their efforts to vacate the judgment, the Keeleys relied on the 1872 United States Supreme Court ruling in Frow v. De Le Vega, which they felt protected them from individual liability after Mr. Keeley avoided a finding of liability based on a guaranty he signed. Frow v. De Le Vega determined that when there are multiple defendants, if some parties present a defense and win, then the ruling can be applied to defaulting parties under certain circumstances. “The courts had already found that there was no logical application of Frow in this case. It was simply a very thinly veiled attempt by the Keeleys to avoid their responsibilities as partners in repaying the general partnership’s debts,” said CPS’s lead appellate attorney Clayton Bailey of Dallas’ Bailey Brauer PLLC. “Crop Production Services’ trial attorneys, John Mark Stephens and Abel Leal, did a terrific job in the trial court demonstrating that the Frow doctrine did not apply.” “This has
Bailey Brauer co-founder recognized among Dallas’ top business litigators DALLAS – Dallas-based complex litigation boutique Bailey Brauer PLLC congratulates firm co-founder Alex Brauer for his second consecutive selection to D Magazine’s Best Lawyers in Dallas listing. Chosen for his outstanding commercial litigation work, Mr. Brauer represents companies and high net worth individuals involved in business disputes. Clients, from data and analytics companies to real estate financial services providers, rely on Mr. Brauer to represent them in cases with millions of dollars at stake. Recently, he obtained a multimillion-dollar arbitration award for a Chinese telecom company in a dispute with a Brazilian supplier and successfully resolved a dispute between a forging company and oilfield supplier. “Alex is without a doubt one of the very best attorneys I’ve ever faced or worked with, which is demonstrated by the continued trust business leaders in Texas and across the nation place in him,” said firm co-founder Clayton Bailey. In addition to the D Magazine honors, Mr. Brauer has made Thomson Reuters’ Texas Rising Stars list each year since 2010. Bailey Brauer also was recognized recently by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, an indicator of how likely a firm will be considered for new work. A graduate of Georgetown University Law Center, Mr. Brauer has served on several key Dallas Bar Association committees. A devoted community advocate, he is a board member for literacy program Readers 2 Leaders and is on the Host Committee for the Great Investors’ Best Ideas Foundation, benefitting The Michael J. Fox Foundation for Parkinson’s Research and the Vickery Meadow Youth Development Foundation. The Best Lawyers in Dallas list is based on a review
Litigation boutique recognized in national survey of corporate counsel DALLAS – Dallas-based litigation boutique Bailey Brauer PLLC has been recognized by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, based on a survey of corporate counsel and executives at the world’s largest organizations. Bailey Brauer is among the smallest and youngest firms to earn this prestigious recognition, which is an indicator of how likely it is a firm will be considered for new work. The three-lawyer firm has enjoyed noteworthy successes in complex commercial litigation and appellate matters since its opening in 2013. “We started our careers at big firms. So when we launched Bailey Brauer, we maintained that same sophisticated, aggressive form of client representation you expect from a large firm. But as a small firm, we have the added benefit of being able to provide much more individualized service,” said firm co-founder Clayton Bailey. Selection to the BTI Brand Elite 2017 list is based on in-depth interviews with more than 600 corporate counsel and executives at the world’s largest and most influential companies. Respondents are asked about the law firms they hire and why. Final selection is based on intangibles that differentiate the law firms. “In the BTI interviews, the GCs are not asked directly about any firm and instead are encouraged to talk about who they turn to for legal help,” said co-founder Alex Brauer. “We built this firm on relationships, and this recognition demonstrates that we have the trust of our clients.” Bailey Brauer PLLC is nationally recognized for its trial and appellate work and provides battle-tested, sophisticated courtroom experience in high-stakes litigation matters. Led by experienced trial and appellate lawyers Clayton