Brantley Smith is a litigation associate based in Dallas and a member of the firm’s Business Litigation & Dispute Resolution Practice Group. His practice focuses on high-stakes business disputes, with a particular emphasis on corporate governance and control disputes, breach of fiduciary duty litigation, franchising, and energy litigation. Brantley has successfully represented plaintiffs and defendants at both trial and appellate levels throughout the country, including in Texas, Louisiana, Florida, California, New York, New Jersey, Pennsylvania, Delaware, and Oklahoma.
While in law school, Brantley worked as a judicial intern with the Honorable A. Joe Fish, Senior Judge of the United States District Court for the Northern District of Texas.
Representative Experience
- Obtained complete dismissal of fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), breach of fiduciary duty, amongst other claims under Rule 12(b)(6) in defense of a client accused of “financial terrorism.”
- Obtained summary judgment in the District Court of Harris County on claims seeking to unwind a foreclosure sale of a commercial office building in Houston, TX.
- Represented a receiver against multiple appeals stemming from a receivership action involving the SEC, each affirmed on appeal by the Fifth Circuit.
- Represented franchisor against claims of employee misclassification brought by the U.S. Department of Labor.
- Obtained a multimillion-dollar judgment following a week-long trial against a publicly traded midstream company in a case involving the breach of a gas processing contract.
- Represented drilling company in a bet-the-business corporate governance dispute, resulting in a judgment in favor of the client after a five-day bench trial.
- Represented an advanced power supplies engineering firm defending against claims for misappropriation of trade secrets in the Northern District of California, resulting in a favorable settlement shortly after filing for summary judgment on behalf of the client.
- Obtained summary judgment on breach of contract and declaratory relief claims in a dispute between government contractors in the District Court of Cameron County, Texas, 357th Judicial District.
- Represented manufacturing company in an in an earn-out dispute involving claims in excess of $17 million on the Delaware Court of Chancery’s expedited docket, resulting in a favorable settlement for the client.
- Represented Chapter 11 debtor in litigation against a foreign creditor concerning international service obligations under the Hague Service Convention, resulting in victories at both the trial and appellate levels. Jinil Steel Company, Limited v. Valuepart, Incorporated (In re Valuepart, Incorporated), No. 19-10461 (5th Cir. March 20, 2020), cert. denied (U.S. Sept. 23, 2020) (No. 20-175).
Affiliations
- State Bar of Texas
- Member
- Dallas Bar Association
- Member, Business Litigation Section
- Federal Bar Association
- Member, Dallas Chapter
- Committee, 2023 Northern District of Texas Bench Bar Conference
- Committee, 2024 Northern District of Texas Bench Bar Conference
Presentations and Publications
- Co-Author, “Understanding Claims of Joint Employment and Employment Misclassification,” Franchising Magazine USA (2023)
- Contributor, “The Franchise Rule and State Franchise Requirements (TX),” Thomson Reuters Practical Law Commercial Transactions (2019–2024)
- Contributor, “State Pre-Sale Franchise Registration and Disclosure Laws Charts: Overview,” Thomson Reuters Practical Law Commercial Transactions (2021–2024)
- Co-author, “Tips for Working Remotely as an Associate, Parts 1 & 2,” American Bar Association (August 26, 2020)
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The Department of Labor Returns to the Totality-of-the-Circumstances Test for Worker Classification
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NLRB’s New Rule Sings “Come Together, Right Now”
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NLRB Issues Final Rule on Joint-Employer Status
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The Austin Court of Appeals Determines that PSA Wells Do Not Require Pooling Authority
Peter Loh and Brantley Smith Author Analysis of Joint Employment and Employment Misclassification Cases
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