Bryant S. McFall

Office Managing Shareholder Dallas

Mr. McFall is Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law and is the Managing Shareholder of the Dallas, Texas office Mr. McFall graduated from St. Mark's School of Texas in Dallas and then received his bachelor’s degree, summa cum laude, from Emory University. At the conclusion of his undergraduate career, Mr. McFall was inducted into Phi Beta Kappa.  Mr. McFall received his law degree, with honors, from the University of Texas at Austin.  At the end of his second year of law school, Mr. McFall received the Board of Advocates’ Scott, Douglass & Luton Litigation Scholarship for excellence in advocacy and scholarship.  Mr. McFall was also a member of the Texas Law Review, serving as its Book Review editor his third year.  Mr. McFall graduated as a member of the Chancellors, the highest honorary legal order of the University of Texas School of Law, and Order of the Coif.

After graduation from law school, Mr. McFall served as a law clerk to the Honorable A. Joe Fish, Senior Judge, United States District Court, Northern District of Texas.  Following his clerkship, Mr. McFall joined the Dallas, Texas office of Baker Botts, L.L.P. as an associate in the firm’s Trial section.  In 1994, Mr. McFall joined McFall Law Firm, which merged with Ogletree Deakins effective January 1, 2000.  In 2002 through 2017, Texas Monthly magazine recognized Mr. McFall as a “Texas Super Lawyer” in employment litigation.  Mr. McFall has been recognized by Best Lawyers in America and Chambers USA in labor and employment law. In May 2017, D Magazine recognized Mr. McFall as one of the “Best Lawyers in Dallas.”

Mr. McFall has extensive experience litigating employment matters in state and federal courts throughout the United States.  He has defended employers in cases arising under Title VII, state discrimination statutes, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act, as well as defended against state law causes of action such as wrongful discharge, defamation, intentional infliction of emotional distress, and negligent hiring and supervision.  Mr. McFall has experience defending discrimination class actions and collective actions arising under the Fair Labor Standards Act.  Mr. McFall also has broad experience litigating disputes pertaining to restrictive employment covenants, such as covenants not to compete, non-recruitment covenants, and covenants prohibiting the disclosure of trade secrets and confidential information.  Mr. McFall has obtained summary judgments or dismissals on behalf of clients in dozens of cases filed in state and federal courts, and he has successfully defended those decisions in the appellate courts.

Mr. McFall has considerable experience counseling employers regarding human resource problems and strategies, including discipline matters, termination decisions, employment contracts, arbitration agreements, and wage-hour law compliance.  A significant part of Mr. McFall’s practice is also devoted to management training and drafting human resource policies and procedures. Mr. McFall has experience in traditional labor matters as well.  He has counseled clients in union elections and campaigns, conducted union avoidance training and arbitrated myriad matters before the National Labor Relations Board.  Mr. McFall is a member of the State Bar of Texas and the Dallas Bar Association.


Professional Activities and Speeches

Professional Activities:

  • State Bar of Texas (Labor and Employment Section)
  • Dallas Bar Association (Labor and Employment Section)
  • Academy of Hospitality Industry Attorneys
  • Labor & Employment Attorneys of Dallas (LEAD)
  • American Bar Association

Speeches:

  • Ogletree Deakins Corporate Labor and Employment Law Exclusive - ''Confidentiality Agreements in the Crosshairs: No Safe Harbor'' - Phoenix - November 2015
  • Ogletree Deakins Workplace Strategies Seminar - ''ADA and FMLA – So Many Questions, So Many Answers'' - San Antonio - May 2015
  • Ogletree Deakins Corporate Labor and Employment Law Exclusive - ''Recent Developments and Hot-Button Legal Issues in Unfair Competition and Trade Secret Law'' - Dana Point - November 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Leaves As Reasonable Accommodations: How Much Is Enough and Is Anything Reasonable'' - Las Vegas - May 2014
  • Ogletree Deakins Corporate Labor and Employment Law Counsel Exclusive - ''Leave as an Accommodation Under the ADA'' - Charleston - November 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''The View of the Dissent'' - New Orleans - May 2013
  • Tarrant County Bar Association, Labor & Employment Section - ''Enforcing and Avoiding Employment Arbitration Agreements'' - Fort Worth - April 2012
  • Texas Association for Home Care and Hospice, 4th Annual Meeting - ''Employment Law in Home Care and Hospice'' - Dallas - August 2011
  • Hospitality Industry Compensation Survey (HICS) Annual Meeting - ''The Wage and Hour Audits are Coming: Be Prepared'' - Dallas - August 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Everything Old Is New Again: OFCCP's Return to Affirmative Action'' - Las Vegas - May 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Hospitality Update: Preparing For 2010 And Beyond'' - Las Vegas - May 2010
  • University of Houston Law Foundation - ''Discrimination Law Update'' - Dallas - May 2009
  • Ogletree Deakins Workplace Strategies Seminar - ''Employment References: To Share Or Not To Share'' - Miami - May 2009
  • Ogletree Deakins Workplace Strategies Seminar - ''Hospitality And Retail Employers: How Recent Laws And Decisions Are Making It Difficult To Focus On The Customer'' - Phoenix - May 2007
  • Ogletree Deakins Workplace Strategies Seminar - ''Industry Focus Session - Hospitality And Retail'' - Atlanta - May 2006
  • Ogletree Deakins Workplace Strategies Seminar - ''Determining Who Is An Applicant - Limiting Your Liability'' - San Antonio - May 2005
  • Ogletree Deakins Workplace Strategies Seminar - ''Employee Leaves of Absence - Crafting a Strategic Approach'' - Atlanta - May 2004
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Media

Media Quotes

August 08, 2017 - SHRM Online - "Plaintiffs Can Now Receive Emotional Distress Damages in Wage and Hour Retaliation Claims"

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