J.D., Texas Tech University School of Law, 1992
B.A., (cum laude), Washington and Lee University, 1989
Mr. Bracken is Board Certified in Labor & Employment Law and represents businesses in both trial and arbitration primarily in employment, labor and business litigation. He defends companies and management in all types of employment claims, including for discrimination and retaliation under Title VII, ADA, ADEA, FMLA, FLSA, NLRA and other federal and state employment laws; and he represents employers before federal and state governmental agencies like the EEOC, DOL, OSHA and TWC. Mr. Bracken also regularly advises employers on their employment policies, procedures, and handbooks to help them avoid litigation in the first place, and he advises and defends companies and executives alike on employment and non-compete agreements. Finally, a large portion of Mr. Bracken's practice is devoted to advising and defending "nonsubscriber" employers who have opted out of the Texas Workers' Compensation Act on both negligence and ERISA issues.
Select Published Opinions
Professional Associations and Memberships
Obtained summary judgment for national staffing company employer on claims for negligent hiring that allegedly caused employee’s personal injury. Houston court of appeals affirmed summary judgment on appeal.
Obtained dismissal for City municipal judge under Texas anti-SLAPP statute of defamation claims brought in federal court by City police chief. Claims attacked municipal judge’s press release protected as free speech regarding sex harassment claims she asserted against police chief.
Represented regional metal building manufacturer in arbitration hearing on sexual harassment claims asserted by employee against supervisor. After presenting significant forensic electronic evidence of plaintiff employee’s own wrongdoing, negotiated favorable settlement for employer.
Defended oil and gas services company on collective action claims for overtime violations under FLSA. Obtained settlement favorable to employer.
Wrote multiple successful summary judgment motions for international airline on employment claims including discrimination and retaliation claims asserted under Title VII, ADA, ADEA, TCHRA, and workers’ compensation retaliation under Chapter 451.
Wrote successful brief to Fifth Circuit court of appeals resulting in affirmation of summary judgment for international airline on employee ADA claims. See, supra, Select Published Opinions.
Defended multiple EEOC and TWC investigations. Filed many effective position statements and EEOC has never found “cause” in response.
Represented employer in OSHA investigation of employee fatality on the job. Negotiated favorable settlement with Agency including significantly reduced fines despite “serious” violations.
Represented regional retailer in DOL audit of alleged overtime violations. Negotiated favorable settlement representing only 10% of DOL’s original six figure demand for alleged violations.
Represented “mom and pop” shop in audit by TWC and DOL. Proved no overtime owed and resolved franchise tax issues favorably.
Represented large regional franchisee of international quick service restaurant company in DOL audit of employee clock management practices resulting in payment of minimal nuisance settlement.
Routinely review, advise and draft employment and noncompete agreements for employers and for executives and key employees. Regularly advise and help negotiate such agreements and contracts for clients.
Represented US subsidiary of international electronics reseller sued in US by international competitor. Resolved multiple cases in global settlement without payment of money.
Represented national strike prevention company employer on noncompete and tortious interference claims brought by competitor for allegedly hiring competitor’s employee in violation of noncompete agreement. Client employer paid no money to competitor in favorable settlement.
Defended trucking company against competitor’s claims violated former employee’s noncompete agreement. State court bench trial resulted in finding of no actual damages. Case settled favorably on appeal.
Represented national entertainment presentation company when competitor sued employee salesman individually on noncompete agreement. Successfully protected employer’s extensive confidential information from competitor until employee settled favorably with former employer.
Obtained directed verdict from state district court for Dallas-based landlord on nonsubscriber claims asserted by maintenance employee for injuries allegedly suffered on the job.
Obtained summary judgment in arbitration for national cabinet manufacturing company sued for negligence by employee who suffered injury on the job.
Obtained finding of no negligence in arbitration for plastics manufacturing company on claims brought by employee injured on the job when suffered head injury from product falling off assembly line.
Obtained finding of no negligence in arbitration for national quick service restaurant company sued for negligence by employee who suffered injury on the job.
Regularly advise employers regarding employee injury benefit plans under ERISA including drafting, reviewing and revising ERISA plans.
Represented national insurer and regional third party claims administrator on claims asserted by insured’s employee for wrongful denial of benefits under ERISA. Favorably settled claims while motion for summary judgment pending in federal court.
Represented international quick service restaurant nonsubscriber employer and independent third party administrator on claims asserted by employee for wrongful denial of benefits under ERISA. Favorably settled claims while motion to dismiss pending in federal court.
Successfully compelled multiple claims from trial court to arbitration on behalf of nonsubscriber employers based on arbitration agreements with employees claiming injuries on the job, discrimination and retaliation.
Successfully obtained denial of petitions for writ of mandamus filed by employees contesting in the Texarkana Court of Appeals and both Houston Courts of Appeals orders compelling arbitration. See, supra, Select Published Opinions.
Provide coverage analysis on a multitude of coverage issues for multiple insurers providing employee injury indemnity policies to nonsubscriber employers; and review other policies including CGL and Garage policies for coverage for injuries suffered outside scope of employment.
Advised national packaging company on negotiations with United Food and Commercial Workers International Union (UFCW) for renewal of collective bargaining agreement.
Represented national packaging company in arbitrations on multiple employee grievances filed by UFCW. Arbitrator in each case interpreted collective bargaining agreement consistently with company’s position.
Advised financially distressed regional food packaging company to avoid WARN issues during layoffs and to avoid union successorship when new company acquired client.
“Employment Law Update” Sekisui America Corporation National Human Resources Conference, Houston, Texas May 2013
“Fair Labor Standards Act of 1938: Overview and Exemptions,” Lorman Education Services, Fair Labor Standards Act Seminar, March 2011 (moderator and presenter)
“ERISA Reporting & Disclosure Requirements for Texas Nonsubscriber Plans. An Update” , TXANS 2010 Annual Nonsubscriber Conference & Exhibition
“Injured or Disabled: The ADAAA and Recent EEOC Regulations”, Blue Goose Liability Protection Workshop, February 2010
“Prevailing Wage National Trends”, Lorman Education Services, Prevailing Wage Law seminar, February 2010
“Recent Changes to the ADA and FMLA", TXANS 2009 Annual Nonsubscriber Conference & Exhibition
“Finding Your Way Through the Confusing Leave and Disability Law Labyrinth” , Council on Education in Management, 2009 Texas Employment Law & HR Forum
“Nonsubscriber Update: Emerging Trends in the Texas Nonsubscription System”, Council on Education in Management, Texas Workers’ Comp Forum, October 2008
The Latest in Wage & Hour Law” , TXANS 2008 Annual Nonsubscriber Conference & Exhibition
“Protecting Against Harassment Claims” , Parker County Bar Association, February 2008 CLE Meeting
“Non-Competition Agreements For At-Will Employees After Sheshunoff” , Collin County Bench Bar Conference, April 2007
“Top 10 in 2006: Employment Law Update” , TXANS 2007 Annual Nonsubscriber Conference & Exhibition
Ph (214) 706-4200
Fx (214) 706-4242
500 North Akard Street
Dallas, Texas 75201