Brantley Smith is a litigation associate based in Dallas. He is a member of the firm’s Business Litigation & Dispute Resolution Practice Group. His practice focuses on a variety of business litigation disputes, including corporate governance, oil and gas, trade secret misappropriation, and business divorce related matters. Brantley has represented plaintiffs and defendants at both trial and appellate levels throughout the country, including in Texas, Florida, California, New York, Pennsylvania, Delaware, and Oklahoma.
Brantley graduated from the University of Texas School of Law in 2018. While in law school, he externed 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, breach of fiduciary duty, amongst other claims under Rule 12(b)(6) in defense of a client accused of “financial terrorism”
- Obtained summary judgment on claims seeking to unwind a foreclosure sale of a commercial office building in Houston, TX
- Representing a receiver against multiple appeals stemming from a receivership action involving the SEC, each affirmed on appeal by the Fifth Circuit
- Representing franchisor against claims of employee misclassification brought by the U.S. Department of Labor
- Obtained complete dismissal of claims challenging a Chapter 11 Plan Confirmation, affirmed on appeal by the Fifth Circuit
- Obtained complete dismissal of breach of contract and tortious interference claims under Rule 12(b)(2)
- Obtained favorable settlement shortly after filing for summary judgment on behalf of an advanced power supplies engineering firm defending against claims for misappropriation of trade secrets
- Obtained summary judgment on breach of contract and declaratory relief claims in a dispute between government contractors
- Representing manufacturing company in an in an earn-out dispute involving claims in excess of US $17m on the Delaware Court of Chancery’s expedited docket
Affiliations
- Member, State Bar of Texas
- Member, Dallas Bar Association
- Member, Business Litigation Section
- Member, Federal Bar Association
- Member, Dallas Chapter
- Committee, 2023 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, 2020, 2021, 2022)
- Contributor, “State Pre-Sale Franchise Registration and Disclosure Laws Charts: Overview,” Thomson Reuters Practical Law Commercial Transactions (2021, 2022)
- Co-author, “Tips for Working Remotely as an Associate, Parts 1 & 2,” American Bar Association (August 26, 2020)
The Department of Labor Returns to the Totality-of-the-Circumstances Test for Worker Classification
On January 9, 2024, the United States Department of Labor issued its long-awaited final rule regarding worker classification under the Fair Labor Standards Act.
NLRB’s New Rule Sings “Come Together, Right Now”
On October 26, 2023, the National Labor Relations Board issued its long-awaited final rule addressing the standard for determining joint-employer status under the National Labor Relations Act.
NLRB Issues Final Rule on Joint-Employer Status
On October 26, 2023, the National Labor Relations Board issued its long-awaited final rule addressing the standard for determining joint-employer status under the National Labor Relations Act.
The Austin Court of Appeals Determines that PSA Wells Do Not Require Pooling Authority
Horizontal drilling in the last decade materially altered oil and gas production in Texas. Horizontal wells allow producers to unlock vast mineral resources otherwise inaccessible to traditional vertical drilling.
Peter Loh and Brantley Smith Author Analysis of Joint Employment and Employment Misclassification Cases
Foley & Lardner LLP partner Peter Loh and associate Brantley Smith authored the Franchising Magazine USA article, “Understanding Claims of Joint Employment and Employment Misclassification.”
DOL Seeks to Restore the Totality-of-the-Circumstances Approach to the Test for Independent Contractor Classification
The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act.