Overview

Bryan Neal is an attorney in Holland & Knight's Dallas office and serves as a co-leader of the firm's Labor, Employment and Benefits Practice Group.

Mr. Neal has extensive experience defending management and corporate clients in litigation of employment discrimination claims before federal and state courts around the country as well as before federal and state agencies. His practice includes representing employers in class action and similar litigation and systemic discrimination U.S. Equal Employment Opportunity Commission (EEOC) investigations. Mr. Neal also has significant experience in handling disability-discrimination claims under the Americans with Disabilities Act (ADA), including employment-related claims under Title I of the ADA as well as claims under Title III of the ADA dealing with public-accommodation issues arising in various non-employment contexts such as healthcare, construction and hospitality.

Mr. Neal also maintains a robust appellate practice. He has filed briefs and presented oral arguments in approximately half of the U.S. Courts of Appeals in the country as well as in three state supreme courts. His appellate experience includes cases arising from trials, summary judgment rulings and motions to dismiss as well as from federal or state agency proceedings. He is routinely called upon to prosecute or defend appeals both in cases handled at the lower level by the firm as well as cases handled at the lower level by another firm.

In addition to his employment and appellate practices, Mr. Neal also advises public and private clients on matters involving the Texas Public Information Act (PIA) (formerly, the Open Records Act), including counseling private entities whose information is sought through open-records or similar requests.

Mr. Neal is Board Certified in both Labor and Employment Law and Civil Appellate Law by the Texas Board of Legal Specialization. He served as a member of the Civil Appellate Law Advisory Commission for the Texas Board of Legal Specialization, Civil Appellate Law Advisory Commission, from 2012 to 2021.

Representative Experience

  • Represented a national railroad company in multiple appeals of employment matters in various federal circuit courts, including claims involving Title VII, the Americans with Disabilities Act (ADA) and the Federal Railroad Safety Act (FRSA)
  • Represented a national railroad company in defeating nationwide subpoena issued by the Equal Employment Opportunity Commission (EEOC)
  • Represented a nationally known state fair in a constitutional challenge to its rule prohibiting distribution of religious or other literature on fairgrounds; a federal district court ruled in favor of the fair following a bench trial, holding that the fair was a private event not subject to constitutional restrictions; the U.S. Court of Appeals for the Fifth Circuit affirmed, and the U.S. Supreme Court denied review
  • Represented a pharmaceutical client in an employment-discrimination case before the El Paso Court of Appeals and obtained a reversal of a jury verdict and rendition of judgment in the client's favor
  • Represented a wireless phone company in "Sabine Pilot" wrongful discharge case before the Corpus Christi-Edinburg Court of Appeals and obtained a reversal of a jury verdict and rendition of judgment in the client's favor
  • Represented a national railroad company in proceedings before federal district court and S. Court of Appeals for the Ninth Circuit involving the determination of whether federal jurisdiction is appropriate in cases seeking judicial review of discrimination decisions reached by state agencies, thus permitting out-of-state railroads to obtain review by federal courts rather than local courts
  • Represented an educational publisher in employment discrimination action alleging race and national origin discrimination and retaliation; court granted summary judgment dismissing all claims
  • Represented an educational publisher in lawsuit seeking allegedly unpaid commission; court granted summary judgment, agreeing with the publisher that the commission were not legally owed

Credentials

Education
  • Southern Methodist University Dedman School of Law, J.D., cum laude
  • The University of Texas at Dallas, B.A., magna cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of North Dakota
  • U.S. District Court for the Western District of Tennessee
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
Memberships
  • National Association of Railroad Trial Counsel (NARTC), 2021
  • State Bar of Texas, Appellate Section; Labor and Employment Law Section
  • Dallas Bar Association, Appellate Law Section; Labor & Employment Law Section
Honors & Awards
  • The Best Lawyers in America guide, Appellate Practice, Litigation-Labor & Employment Law, 2012-2022
  • Texas Super Lawyers magazine, Employment Litigation, 2008-2021
  • The Legal 500 USA, Labor and Employment: Labor and Employment Disputes (Including Collective Actions): Defense, 2016
  • Lexology, Client Choice Winner, Employment & Benefits – Texas, 2015

Publications

News