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Experience

Bryan Neal focuses his practice on employment and labor law, civil appellate law, school law, and civil rights matters, including Americans with Disabilities Act Title III public-accommodation issues arising in various contexts. He routinely represents management in employment and labor law matters in all aspects of administrative, trial, and appellate work, as well as counseling. His practice includes representing employers in class-action and similar litigation and systemic discrimination EEOC investigations. Bryan also handles civil appellate matters in all areas. In addition, Bryan routinely advises clients on matters involving the Texas Public Information Act (formerly, the Open Records Act), including counseling private entities whose information is sought through open-records or similar requests.

Bryan is Board Certified in both Labor and Employment Law and Civil Appellate Law by the Texas Board of Legal Specialization.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization

  • Represented national railroad company in defeating nationwide subpoena issued by the Equal Employment Opportunity Commission
  • Represented State Fair of Texas in constitutional challenge to rule prohibiting distribution of religious or other literature on fairgrounds; court ruled in favor of State Fair following bench trial; Fifth Circuit Court of Appeals affirmed and held that State Fair of Texas was a private event not subject to constitutional restrictions
  • Represented pharmaceutical client in an employment-discrimination case before the El Paso Court of Appeals and obtained a reversal of a jury verdict and rendition of judgment in the client’s favor
  • Represented wireless phone company in “Sabine Pilot” wrongful discharge case before the Corpus Christi-Edinburg Court of Appeals and obtained a reversal of a jury verdict and rendition of judgment in the client’s favor
  • Represented national railroad company in proceedings before federal district court and Ninth Circuit Court of Appeals involving the determination of whether federal jurisdiction is appropriate in cases seeking judicial review of discrimination decisions reached by state agencies, thus permitting out-of-state railroads to obtain review by federal courts rather than local courts
  • Represented educational publisher in employment discrimination action alleging race and national origin discrimination and retaliation; court granted summary judgment dismissing all claims
  • Represented educational publisher in lawsuit seeking allegedly unpaid commission; court granted summary judgment, agreeing with the publisher that the commission were not legally owed
  • EEOC v. Burlington Northern Santa Fe Railroad, 669 F.3d 1154 (10th Cir. 2012)
  • Rundus v. City of Dallas et al., 634 F.3d 309 (5th Cir. 2011)
  • BNSF Ry. Co. v. O’Dea, 572 F.3d 785 (9th Cir. 2009)
  • Cingular Wireless, L.L.C. v. Lee, 2009 WL 866796 (Tex. App. — Corpus Christi 2009, pet. denied)
  • Janssen Pharmaceutica, Inc. v. Martinez, 296 S.W.3d 634 (Tex. App. — El Paso 2009 no pet.)
  • City of Arlington v. Matthews, 226 S.W.3d 417 (Tex. 2007)
  • In re Mission Hosp., Inc., 2007 WL 3026604 (Tex. App. — Corpus Christi 2007, orig. proceeding)
  • EEOC v. Burlington Northern and Santa Fe Railway Co., 211 Fed. Appx. 682, 2006 WL 3423483 (10th Cir. 2006)
  • Burlington Northern and Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006)
  • In re BNSF Ry. Co., 2006 WL 3239954 (Tex. App. — Beaumont 2006, orig. proceeding)
  • Reed Elsevier, Inc. v. Carrollton-Farmers Branch Independent School Dist., 180 S.W.3d 903 (Tex. App. — Dallas 2005, no pet.)
  • Purdin v. Copperas Cove Economic Development Corp., 143 S.W.3d 290 (Tex. App. — Waco 2004, no pet.)
  • In re Burlington Northern and Santa Fe Ry. Co., 99 S.W.3d 323 (Tex. App. — Fort Worth 2003, orig. proceeding).

Honors & Affiliations

Distinctions/Honors

  • The Best Lawyers in America® by Woodward/White Inc. (Litigation-Labor & Employment Law); 2012-2021
  • “Recommended Attorney,” The Legal 500 US by Legalese (Labor and Employment: Labor and Employment Disputes (Including Collective Actions) – Defense); 2016
  • Texas Super Lawyers® by Thomson Reuters (Employment Litigation: Defense, Employment & Labor, Appellate, Civil Rights/First Amendment); 2003-2004, 2008-2020
  • 2015 Client Choice Winner (Employment & Benefits – Texas), Lexology

Memberships/Affiliations

  • Member, American Bar Association; Labor and Employment Law, Appellate Law, and State and Local Government Law Sections
  • Member, State Bar of Texas; Appellate Practice and Advocacy and Labor and Employment Law Sections
  • Member, Dallas Bar Association; Appellate Section; Employment Law Section
  • Member, Civil Appellate Law Advisory Commission of the Texas Board of Legal Specialization
  • DRI-The Voice of the Defense Bar, Employment Law and Appellate Advocacy Committees
  • Member, Pre-Law Advisory Council, The University of Texas at Dallas
  • Member, Practical Law Company, Advisory Board, Litigation

Education & Admissions

Education

  • J.D., 1993, cum laude, SMU Dedman School of Law; Order of the Coif; SMU Law Review; Managing Editor, Annual Survey of Texas Law; Thompson Scholar
  • B.A., 1990, magna cum laude, The University of Texas at Dallas

Admissions

  • Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of North Dakota
  • U.S. District Court for the Western District of Tennessee
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. Supreme Court

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