Page 11 - The American Lawyer Trailblazers - South 2022

Texas

Clayton Bailey

Bailey Brauer

What was the genesis of the idea/path that has made you a trailblazer?
The personal tragedies resulting from the pandemic require a deft legal touch, starting with the understanding
that the families of meat and poultry processing plant workers who lost their lives deserve the utmost respect and
dignity. The cases that have arisen since the onset of the pandemic have sparked legal issues we have not seen
before. Besides the element of causation, there are several unique legal defenses to Covid-19 litigations that are
atypical. For example, we developed numerous preemption and immunity arguments stemming from President
Trump’s Executive Order issued under the Defense Production Act to ensure that processing plants continued
operations during the pandemic. Based in part on these arguments specific to Covid-19 cases, we have success-
fully represented our clients in various states where exposure cases have been filed. In fact, opposing counsel
recently dismissed a lawsuit with prejudice within a day of our removal of the state case to federal court based on
our defense arguments tethered to President Trump’s Executive Order, as well as the Federal Meat Inspection Act.
What sort of change has resulted from the concept?
Although initial Covid-19 exposure cases were pleaded as negligence claims, to effectively represent our clients
we had to apply a much more complex approach to litigation. Besides the presidential executive order, our team
relies on state statutes limiting liability for exposure to pandemic diseases while also applying preemption argu-
ments to both remove cases from state to federal courts and as a defense to plaintiff’s claims. In short, plaintiffs
who sue our clients alleging direct or indirect exposure to the virus must confront numerous specific concepts
that are difficult, if not impossible, to overcome.

Archie Fallon

Willkie Farr & Gallagher

What was the genesis of the idea/path that has made you a trailblazer?
We formed the Renewable Energy Alliance (REAL) Houston to unite professionals at a range of energy companies
who envision Houston as the capital of the energy transition. I led Willkie’s efforts to co-found the group alongside
Sunnova, Pattern Energy, EDF Renewables and HBW Resources. I also serve as REAL’s General Counsel (pro bono),
and on its Board of Directors.
I have separately chaired the Renewable Energy Committee of the Institute of Energy Law (IEL) since the begin-
ning of 2021. The IEL is the largest center for continuing legal education for energy lawyers in the U.S.
What sort of change has resulted from the concept?
REAL now has 30+ corporate members, including leading renewable energy businesses, companies that are tradi-
tionally oil and gas businesses building out renewable energy divisions. We’ve held over 25 live and virtual events
since 2021 on various topics, including young professional events.
At IEL, the Renewable Energy Committee has been the fastest growing committee over the past 18 months. The
Committee has offered over 12 different webinars and live events since my involvement started in 2020.
What bearing will this have on the future?
Through REAL, I am helping to facilitate the “energy transition” by bringing together businesses, innovators, capi-
tal providers and workforce essential to this evolution. I’m confident that great things are on the horizon for the
City of Houston and I look forward to celebrating our future accomplishments.
The IEL, through the Renewables Committee, has helped provide many attorneys with legal education around
how their skills can be deployed on wind, solar, carbon capture or hydrogen projects. The Committee has also
hopefully helped ease communication between attorneys and their clients, so that the attorneys understand their
clients’ businesses in a fundamental way.

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