Brent D. Hockaday
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Brent D. Hockaday

Partner

214-740-1446

Knowing that teamwork drives successful outcomes, Brent views employer clients as partners, always keeping at the forefront the shared goal of business success. With an eye toward the big picture, he serves as a trusted legal advisor and advocate for numerous businesses and their leadership teams.

Board Certified by the Texas Board of Legal Specialization in labor and employment law, Brent collaborates with company leaders, including chief legal officers, corporate counsel and human resources executives, to provide strategic counseling and consulting and to guide them through employment-related disputes and litigation – both with prevention and execution.

Prevention and Employment Counseling

On the prevention side of his practice, Brent navigates business leaders through the complexities of federal, state and local laws. He drafts and creates contracts, policies and procedures governing employment and business relationships. An important component of Brent’s prevention practice is the framework he establishes to protect clients against unfair competition, with non compete and non solicitation restrictions, and to secure clients’ trade secrets and confidential information.

Brent also guides leadership groups through employment-relations issues and litigation avoidance strategies. Through effective planning and documentation—on issues ranging from medical accommodations to compensation structures—Brent helps companies stay legally compliant to avoid or minimize the risk of future problems.

Executing an Effective Employment Litigation Strategy

Whether investigating retaliation claims, planning for a reduction in force, or preparing for a potential individual or class-wide dispute, on the execution side of his practice, Brent is well-equipped to map out an effective strategy from the outset of a dispute should the potential for litigation arise. Brent has substantial experience litigating matters in different forums and jurisdictions across the country, including obtaining multiple successful jury verdicts and arbitration awards.

Trade Secret Disputes

A substantial part of Brent’s litigation practice involves enforcing and defending against restrictive covenants, with a heightened focus on the misappropriation of trade secrets and confidential and proprietary information. Brent has obtained affirmative relief pursuing such claims and successfully defended against those claims. On multiple occasions, Brent’s defense of startup businesses implicated in trade secret misappropriation claims has allowed these businesses to continue operations without material impediment. He regularly presents to attorneys and educates industry leaders on unfair competition and trade secrets issues.

Individual and Class Action Employment Claims

Brent frequently defends employers in federal and state courts, as well as in arbitrations and matters before administrative agencies. His employment litigation experience involves defending against claims of federal and state wage and hour violations (in individual, class and collective actions) and workplace violations related to various types of discrimination, harassment and retaliation. For clients in a wide array of industries, he has successfully won dismissals of charges filed before various federal, state and local administrative agencies, including the Equal Employment Opportunity Commission, Texas Workforce Commission, National Labor Relations Board, and Occupational Safety and Health Administration.

Practices

Industries

Representative Experience

  • Secured the complete dismissal of a class action matter on behalf of an investor of the Alliance of American Football for claims of fraud, promissory estoppel, inducing breach of contract, and violations of the California Labor Code, which sought hundreds of millions of dollars in damages, In re Legendary Field Exhibitions, LLC, No. 19-50900-cag, Colton Schmidt, et. al. v. AAF Players, LLC, et. al., Adversary No. 19-05053-cag (Bank. W.D. Tex.).
  • Won a complete defense victory on behalf of three departing partners of a top 50 national public accounting firm for claims under the Texas Uniform Trade Secrets Act and claims for breaches of noncompete provisions under the Texas Business and Commerce Code, while securing damages on a counterclaim for a breach of fiduciary duty against the firm’s leadership.
  • Prevailed on a breach of contract claim and secured damages for unlawful removal of confidential and proprietary information on behalf of a large privately owned mortgage lender, while defeating claims by the former manager plaintiff for unpaid overtime and retaliation under the Fair Labor Standards Act, violation of the Family and Medical Leave Act, fraudulent misrepresentation, promissory estoppel, and tortious interference.
  • Secured a complete dismissal of Section 1981 and the Texas Labor Code claims on summary judgment on behalf of a global software and data analytics company, Davis v. RealPage, Inc., No. 3:18-CV-0986-D, 2020 WL 1325201 (N.D. Tex. Mar. 20, 2020).
  • Obtained a complete defense arbitration award on behalf of a skilled nursing facility for claims under Chapter 21 of the Texas Labor Code.
  • Successfully defended against a temporary injunction on behalf of an insurance company in the medical billing industry against claims of tortious interference, misappropriation of trade secrets, the Texas Theft Liability Act, and civil conspiracy.
  • Won a complete defense verdict in a federal court jury trial on behalf of a skilled nursing and rehabilitation center against Title VII claims from five plaintiffs.
  • Secured a partial summary judgment on behalf of a sublessor to an aircraft sublease agreement on breach of contract and breach of guaranty claims and obtained a $280,000 jury verdict.
  • Obtained an arbitration award on behalf of a senior care living facility against claims of discrimination and retaliation under Title VII, Section 1981 and the Texas Labor Code.
  • Defeated six causes of action in arbitration on behalf of a large consumer retail and distribution center against Americans with Disabilities Act and Texas Labor Code claims.

Noteworthy

  • Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
  • Selected by attorney peers as a Texas Rising Star®, Thomson Reuters, 2019–present
  • Named to The Best Lawyers in America® "Ones to Watch" List, 2021
  • Selected by attorney peers for inclusion in The Best Lawyers in America®, 2024

Activities and Memberships

  • State Bar of Texas
    • Member
  • Dallas Bar Association
    • Member
  • Downtown Dallas, Inc.
    • Board of Governors, 2022–present
  • The Patrick Higginbotham Inn of Court
    • Member, 2018
  • Texas Bar Foundation
    • Fellow
  • Dallas Regional Chamber of Commerce
    • Leadership Dallas, Class of 2022
    • Young Professional Advisory Council, 2018–2020
    • LEAD Young Professionals, Class of 2017

Publications

  • "Two Federal Laws Provide Additional Rights for Pregnant Workers," Bell Nunnally Client Alert, co-author; June 2, 2023.
  • "U.S. Supreme Court Decides Highly Compensated Employees Can Receive Overtime," Bell Nunnally Client Alert, co-author; March 9, 2023.
  • "NLRB Reverses Course on Non-Disparagement and Confidentiality Provisions," Bell Nunnally Client Alert, co-author; March 2, 2023.
  • "Chambers US Regional Employment 2022 Global Practice Guide," Chambers and Partners, co-author; 2022.
  • “#MeToo Takes a Bite Out of Arbitration,” Texas Lawyer, author; March 31, 2022.
  • "Supreme Court deals final blow to Biden vaccine-or-test mandate for large employers,” Retail Dive, quoted; January 14, 2022.
  • "President Biden Announces Sweeping New COVID Vaccination and Testing Requirements Aimed at the Private Sector," Bell Nunnally Client Alert, co-author; September 14, 2021.
  • "As Texas Opens for Businesses, Are Businesses Free To Operate As They Wish?" Bell Nunnally Client Alert, co-author; March 30, 2021.
  • "The Fifth Circuit Upends the Wage and Hour Class Certification Process," Bell Nunnally Client Alert, co-author; March 18, 2021.
  • "COVID-19 Liability Protection Legislation for Businesses Designated as an ‘Emergency Item’ for Passage This Year," Bell Nunnally Client Alert, co-author; March 5, 2021.
  • “Employee or independent contractor? DOL seeks to give motor carriers clarity and potential court protections,” Commercial Carrier Journal, quoted; October 14, 2020.
  • "What the Families First Coronavirus Response Act Means to Your Business," Bell Nunnally Client Alert, co-author; March 19, 2020.
  • "How The New ‘Tipped Pool’ Rule May Impact Restaurant Employers," Modern Restaurant Management, author; October 30, 2019.
  • "3 employment forms that protect your business," Dallas Business Journal, author; October 2, 2019.
  • Oklahoma Chapter, Employment at Will: A State-by-State Survey, 2014 Cumulative Supplement, ABA Section of Labor and Employment Law, author; January 2015.
  • Oklahoma Chapter, Employment at Will: A State-by-State Survey, 2013 Supplement, ABA Section of Labor and Employment Law, author; January 2014.

Presentations

  • "Recent Developments in the World of Non-Competes and Restrictive Covenants," Dallas Bar Association Labor & Employment Law Section, co-presenter; August 21, 2023.
  • "The Evolving Landscape of Texas Noncompete Agreements in Light of Proposed FTC Regulations," Dallas Bar Association Annual Review of Energy Law, co-presenter; August 18, 2023.
  • “Protecting Your Company's Most Important Assets,” TechFW; September 20, 2022.
  • “#Metoo Takes a Bite Out of Arbitration,” Thomson Reuters West LegalEdCenter; May 23, 2022.
  • “Protecting Company Information and Relationships in a Post-COVID World,” Association of Corporate Counsel; April 14, 2022.
  • “Emerging Issues Facing Restrictive Covenants,” Collin County Bar Association and Plano Bar Association Corporate Counsel Sections; March 4, 2022.
  • “Emerging Issues Facing Restrictive Covenants,” State Bar of Texas Labor and Employment Institute; August 2021.
  • “Emerging Issues Facing Restrictive Covenants,” Dallas Bar Association; July 2021.
  • “What You Need to Know About the FMLA and ADA,” Benefit Seminars PLUS Luncheon, co-presenter; October 2014.

Credentials

    Education

    • JD, cum laude, Southern Methodist University Dedman School of Law, 2012
    • BBA, Baylor University, 2005

    Admissions

    Bar Admissions
    • Texas
    Court Admissions
    • United States District Courts for theNorthern, Southern, Eastern and Western Districts ofTexas
    • United States District Courts for theEastern and Western DistrictsOklahoma
    • United States Court of Appeals for theFifth Circuit

News/Events

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