Brandon Bains - Partner
BIOGRAPHY
Brandon knew he wanted to be a lawyer as early as 14 when watching the O.J. Simpson trial with his grandmother. It was suggested that he get a job as an office boy at a law firm to see what the practice of law was all about. That is exactly what he did when he turned 15, and for all the summers and Christmas breaks that followed until law school, he worked every job imaginable, from file grunt (his dad used to joke that he was the absolute lowest rung on the ladder for the entire building) to secretary to receptionist to runner to paralegal and everything in between.
As law school was coming to an end (which coincided with Vince Young and a national championship), Brandon thought he was set to join the Navy as a JAG officer. Life intervened in the form of Keith Langley, who called somewhat out of the blue and offered Brandon a job. Brandon remembers coming to the office on the first day and asking what exactly the firm did. He was told that the primary practice was surety law, which Brandon thought meant insurance. He was quickly scolded and told never to make that mistake again, and he has kept that promise.
Over 16+ years, Brandon learned from Keith – and many other fine attorneys that came through the doors – getting experience in a variety of surety, fidelity, and commercial matters. Brandon prides himself on understanding the client’s needs, tailoring the representation to those needs, communicating consistently, and working cooperatively with the client to best achieve the goals it sets for any particular matter. Whether the case involves a $5,000 payment bond claim or a heated trial where sides are far apart or oral argument to the Fifth Circuit where millions are at stake (and Brandon has handled these and all things across the entire spectrum), he provides the same focus and attention.
Originally born in DeSoto, Texas, Brandon has spent most of his life in Texas, with the exception of a stretch in Miami as part of opening a law office for his prior firm. Brandon misses Cuban coffee more than can be expressed in words. Luckily, Bains Law is active in Florida, which provides a good excuse to return from time to time to enjoy a cortadito. Brandon has been married to Allison since 2008 and they have three beautiful (and sometimes crazy) children: Sailor, Saxon, and Cannon. At any given time, there are also dogs, cats, rabbits, and lizards running around. Brandon is thankful that his HOA does not allow chickens, donkeys, and the like, or he would come home one day to find Allison running a small farm.
Finally, all rumors are true – Brandon is superb at karaoke.
REPRESENTATIVE EXPERIENCE
Construction and Surety
Assists in the representation of national surety companies in disputes associated with performance and payment bond obligations
Representation of clients in complex construction disputes surrounding design issues, construction defects, and contract interpretation
Assists in salvage opportunities against indemnitors, bonding agents, certified public accountants, and financial institutions
Assists in an array of issues pertaining to probate and guardianship bonds, as well as initiating claims on behalf of sureties in probate proceedings surrounding property owned by indemnitors
Bankruptcy
Assists in the representation of secured and unsecured creditors in all types of bankruptcy proceedings and reorganizations
Landlord/Tenant
Assists in the representation of commercial landlords in litigation and resolution of defaults, termination issues, tenant claims, and leasing and contract issues
Fidelity
Assists in a variety of fidelity matters, including claim investigation, as well as litigation surrounding employee dishonesty, forgery, and similar fidelity policy claims
ADMITTED TO PRACTICE
- United States Supreme Court
- Fifth Circuit Court of Appeals
- State Courts of Texas
- State Courts of Florida
- State Courts of Arkansas
- U.S. District Courts for the Northern, Middle, and Southern Districts of Florida
- U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
- U.S. District Court for the Western District of Oklahoma
- U.S. District Courts for the Eastern and Western Districts of Arkansas
MEMBER
- Committee for Fee Disputes for the Dallas Bar Association National Bond Claims Association
HONORS AND AWARDS
PRESENTATIONS & PUBLICATIONS
- THE ELECTRONIC PAYMENT BOND DESKBOOK; Arkansas Chapter, Fidelity & Surety Law Committee (FSLC) of the Tort Trial and Insurance Practice Section of the American Bar Association (2023)
- Hanover Ins. Co. v. Binnacle Dev., L.L.C., 57 F.4th 510 (5th Cir. 2023)
- "Intercreditor Agreements/Equipment Utilization," ABA Mid-Winter Meeting 2022
- “Defaulted Contractor Files Bankruptcy: What is the Strategic Course of Action for the Surety?,” National Bond Claims Association Conference 2013
- Irvin v. Guar. Co. of N. Am., 2008 Texas App. LEXIS 5865 (Tex. App. – Dallas 2008)
- Drum v. Calhoun, 299 S.W. 3d 36, 362 (Tex. App. –Dallas 2009) cert. denied, 131 S. Ct. 1017, 178 L. Ed. 2d 843 (U.S. 2011) reh’g denied, 131 S. Ct. 1810 (U.S. 2011)
- Marchelle M. Houston and Keith A. Langley, Ch. 8, Liability of the Performance Bond Surety for Damages (Under Contract of Suretyship), in The Law of Performance Bonds 431 (Lawrence R. Moelmann et al. eds., 2d ed., Am. Bar. Ass’n 2009) (assisted in preparation of chapter)
BIOGRAPHY
Brandon knew he wanted to be a lawyer as early as 14 when watching the O.J. Simpson trial with his grandmother. It was suggested that he get a job as an office boy at a law firm to see what the practice of law was all about. That is exactly what he did when he turned 15, and for all the summers and Christmas breaks that followed until law school, he worked every job imaginable, from file grunt (his dad used to joke that he was the absolute lowest rung on the ladder for the entire building) to secretary to receptionist to runner to paralegal and everything in between.
As law school was coming to an end (which coincided with Vince Young and a national championship), Brandon thought he was set to join the Navy as a JAG officer. Life intervened in the form of Keith Langley, who called somewhat out of the blue and offered Brandon a job. Brandon remembers coming to the office on the first day and asking what exactly the firm did. He was told that the primary practice was surety law, which Brandon thought meant insurance. He was quickly scolded and told never to make that mistake again, and he has kept that promise.
Over 16+ years, Brandon learned from Keith – and many other fine attorneys that came through the doors – getting experience in a variety of surety, fidelity, and commercial matters. Brandon prides himself on understanding the client’s needs, tailoring the representation to those needs, communicating consistently, and working cooperatively with the client to best achieve the goals it sets for any particular matter. Whether the case involves a $5,000 payment bond claim or a heated trial where sides are far apart or oral argument to the Fifth Circuit where millions are at stake (and Brandon has handled these and all things across the entire spectrum), he provides the same focus and attention.
Originally born in DeSoto, Texas, Brandon has spent most of his life in Texas, with the exception of a stretch in Miami as part of opening a law office for his prior firm. Brandon misses Cuban coffee more than can be expressed in words. Luckily, Bains Law is active in Florida, which provides a good excuse to return from time to time to enjoy a cortadito. Brandon has been married to Allison since 2008 and they have three beautiful (and sometimes crazy) children: Sailor, Saxon, and Cannon. At any given time, there are also dogs, cats, rabbits, and lizards running around. Brandon is thankful that his HOA does not allow chickens, donkeys, and the like, or he would come home one day to find Allison running a small farm.
Finally, all rumors are true – Brandon is superb at karaoke.
REPRESENTATIVE EXPERIENCE
Construction and Surety
Assists in the representation of national surety companies in disputes associated with performance and payment bond obligations
Representation of clients in complex construction disputes surrounding design issues, construction defects, and contract interpretation
Assists in salvage opportunities against indemnitors, bonding agents, certified public accountants, and financial institutions
Assists in an array of issues pertaining to probate and guardianship bonds, as well as initiating claims on behalf of sureties in probate proceedings surrounding property owned by indemnitors
Bankruptcy
Assists in the representation of secured and unsecured creditors in all types of bankruptcy proceedings and reorganizations
Landlord/Tenant
Assists in the representation of commercial landlords in litigation and resolution of defaults, termination issues, tenant claims, and leasing and contract issues
Fidelity
Assists in a variety of fidelity matters, including claim investigation, as well as litigation surrounding employee dishonesty, forgery, and similar fidelity policy claims
ADMITTED TO PRACTICE
- United States Supreme Court
- Fifth Circuit Court of Appeals
- State Courts of Texas
- State Courts of Florida
- State Courts of Arkansas
- U.S. District Courts for the Northern, Middle, and Southern Districts of Florida
- U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
- U.S. District Court for the Western District of Oklahoma
- U.S. District Courts for the Eastern and Western Districts of Arkansas
MEMBER
- Committee for Fee Disputes for the Dallas Bar Association National Bond Claims Association
HONORS AND AWARDS
PRESENTATIONS & PUBLICATIONS
- THE ELECTRONIC PAYMENT BOND DESKBOOK; Arkansas Chapter, Fidelity & Surety Law Committee (FSLC) of the Tort Trial and Insurance Practice Section of the American Bar Association (2023)
- Hanover Ins. Co. v. Binnacle Dev., L.L.C., 57 F.4th 510 (5th Cir. 2023)
- "Intercreditor Agreements/Equipment Utilization," ABA Mid-Winter Meeting 2022
- “Defaulted Contractor Files Bankruptcy: What is the Strategic Course of Action for the Surety?,” National Bond Claims Association Conference 2013
- Irvin v. Guar. Co. of N. Am., 2008 Texas App. LEXIS 5865 (Tex. App. – Dallas 2008)
- Drum v. Calhoun, 299 S.W. 3d 36, 362 (Tex. App. –Dallas 2009) cert. denied, 131 S. Ct. 1017, 178 L. Ed. 2d 843 (U.S. 2011) reh’g denied, 131 S. Ct. 1810 (U.S. 2011)
- Marchelle M. Houston and Keith A. Langley, Ch. 8, Liability of the Performance Bond Surety for Damages (Under Contract of Suretyship), in The Law of Performance Bonds 431 (Lawrence R. Moelmann et al. eds., 2d ed., Am. Bar. Ass’n 2009) (assisted in preparation of chapter)
