Brantley Smith
Senior Counsel
Brantley Smith is a litigation senior counsel based in Dallas and a member of Foley鈥檚 Commercial Litigation Practice Group. He represents companies, boards, and executives in high鈥憇takes business disputes nationwide, with an emphasis on director and officer fiduciary duty disputes, corporate governance, and shareholder derivative suits. In addition to corporate governance actions, Brantley regularly handles an array of business cases, including energy litigation, trust matters, intellectual property litigation, and employment-related disputes.
Brantley has successfully represented plaintiffs and defendants at both the trial and appellate levels across the country, including in Texas state and federal courts and in the Delaware Court of Chancery. He is a member of Foley鈥檚 Texas Corporate Governance Team, where he collaborates with cross鈥慸isciplinary colleagues to guide clients through fast鈥憁oving developments in Texas corporate law.
While in law school, Brantley served as a judicial intern to the Honorable A. Joe Fish, Senior Judge of the U.S. District Court for the Northern District of Texas.
Representative Experience
- 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 a receiver against multiple appeals stemming from a receivership action involving the SEC, each affirmed on appeal by the Fifth Circuit.
- Represented manufacturing company in an in an earn-out dispute involving claims in excess of $17 million on the Delaware Court of Chancery鈥檚 expedited docket, resulting in a favorable settlement for the client.
- 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 franchisor against claims of employee misclassification brought by the U.S. Department of Labor.
- Obtained complete dismissal of fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (鈥淩ICO鈥), breach of fiduciary duty, amongst other claims under Rule 12(b)(6) in defense of a client accused of 鈥渇inancial terrorism.鈥
- 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.
- 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 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, 鈥淭exas Supreme Court Clarifies Limits of Shareholder Capacity in Fiduciary Duty Claims Against Corporate Advisors,鈥 The National Law Review (2025)
- Co-Author, 鈥淭exas Leads the Way 鈥 SEC Chairman Highlights Texas鈥檚 New Shareholder proposal Thresholds and Corporate Governance Reforms,鈥 The National Law Review (2025)
- Co-Author, 鈥淭exas Legislature Strengthens Business Court with Expanded Jurisdiction and Operational Reforms,鈥 The National Law Review (2025)
- Co-Author, 鈥淣LRB鈥檚 New Rule Sings 鈥楥ome Together, Right Now,鈥欌 The National Law Review (2025)
- Contributor, 鈥淎udit Committee Deskbook,鈥 Practicing Law Institute (2025)
- Co-Author, 鈥淣LRB Issues Final Rule on Joint-Employer Status,鈥 The National Law Review (2023)
- Co-Author, 鈥淯nderstanding Claims of Joint Employment and Employment Misclassification,鈥 Franchising Magazine USA (2023)
- Speaker, 鈥淟atest Developments in Joint Employer and Misclassification Claims,鈥 番茄社区; Lardner LLP Law of Product Distribution Franchise Seminars (October 2023)
- Contributor, 鈥淭he Franchise Rule and State Franchise Requirements (TX),鈥 Thomson Reuters Practical Law Commercial Transactions (2019鈥2025)
- Contributor, 鈥淪tate Pre-Sale Franchise Registration and Disclosure Laws Charts: Overview,鈥 Thomson Reuters Practical Law Commercial Transactions (2021鈥2025)
- Co-author, 鈥淭ips for Working Remotely as an Associate, Parts 1 & 2,鈥 American Bar Association (August 26, 2020)
Delaware Chancery Rejects 鈥淩ace to the Courthouse鈥 in Enforcing Texas Exclusive Forum Bylaw, Dismissing Three Derivative Lawsuits filed before Tesla鈥檚 Redomestication
On April 13, 2026, the Delaware Court of Chancery dismissed three derivative suits in In re Tesla, Inc. Derivative Litigation based on Tesla鈥檚 forum selection bylaw requiring that those lawsuits be brought in Texas. All three derivative lawsuits were filed after Tesla announced its proposal to redomesticate and adopt a Texas exclusive forum bylaw but before the redomestication and amended bylaw became effective after shareholder approval.
Alamo Title Company v. WFG National Title Company of Texas, LLC: Texas Business Court Takes Broad View of Jurisdiction in Ruling on Motion to Remand
The Court held that the statute granting jurisdiction should be interpreted according to its plain language, requiring only that the controversy be 鈥渞elated to鈥 intellectual property, a phrase Texas courts have consistently construed broadly. The Court also provided guidance on how the amount in controversy requirement should be interpreted.
Meritless Lawsuits No Longer Fly Free in Texas
A federal judge in Dallas has dismissed a shareholder derivative suit against Southwest Airlines鈥 board, providing the first meaningful judicial test of Texas Senate Bill 29 (SB 29) and offering useful guidance for companies navigating Texas鈥檚 evolving corporate governance landscape.
Revitalizing U.S. Capital Markets: The Case for State-Led Reform
U.S. Securities and Exchange Commission (SEC) Chairman Paul Atkins noted in a December 2025 speech that the number of U.S. exchange-listed public companies has dropped sharply over the past two decades.
The Texas Supreme Court Clarifies Limits of Shareholder Capacity in Fiduciary Duty Claims Against Corporate Advisors
The Supreme Court of Texas, in In re UMTH General Services, L.P. et al.,[1] held that claims against a third party advisor for breaches of fiduciary duty to an entity and its shareholders were claims of the entity, and that shareholders could only bring derivative, and not direct, claims.
Texas Leads the Way: SEC Chairman Highlights Texas鈥檚 New Shareholder Proposal Thresholds and Corporate Governance Reforms
SEC Chairman Paul Atkins outlines a bold strategy to revitalize U.S. public markets, targeting precatory proposals and securities litigation reform. Learn how state law, especially in Texas, could reshape shareholder rights and corporate governance.