Brian Markley is a trial lawyer trusted by clients with their most challenging issues. His practice primarily focuses on the agriculture, chemical, financial, and retail industries, and he has experience with antitrust, consumer protection, business torts, employment, and other commercial claims. Class actions and multi-district litigation comprise a significant portion of Brian’s practice and he has served in a leadership group of defendants targeted in multi-district litigation.
Clients also rely on Brian to protect their interests when they hire or part ways with executives or key employees. For example, Brian has handled non-compete, non-solicitation, and trade secrets matters arising under the laws of more than 20 states.
Brian has tried a complex commercial litigation case with more than $3 billion at stake. He has also represented midsized companies, family businesses and startups for whom smaller financial stakes, equitable issues or principles are just as significant. Brian approaches each case with the same attention to detail and focused advocacy, always working with each client to obtain the best outcome for the business. After the successful conclusion of one matter, the President / CEO of a client declared, “Brian’s strategy, preparation and courtroom performance carried the day and took the victory. I could not be more pleased with his dedication and expertise.”
In addition to his courtroom experience, Brian serves as a trusted advisor and general counsel for several companies. In that role, Brian is regularly asked to identify, assess, predict and manage legal and business risks. He has developed particular experience in areas of privacy, California Proposition 65, and gaming.
Prior to starting his legal practice, Brian clerked for Judge John W. Lungstrum in the U.S. District Court for the District of Kansas and served on the staff of Senator John C. Danforth.
- University of Kansas School of Law, 1995 (J.D.), with highest distinction
- Princeton University, 1990 (B.A.)
- Kansas, 1996
- Missouri, 1995
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Supreme Court
- Represented a Fortune 100 chemical company through trial, appeal and settlement in multidistrict antitrust litigation over the pricing of various chemicals.
- Defended a former CEO in multidistrict antitrust litigation over the pricing and marketing of an agricultural product in the southeastern U.S.
- Represented a financial services corporation in a putative class action brought by more than 30 employees who also alleged hundreds of individual claims.
- Defended multiple retail companies in multidistrict litigation involving consumer protection act, business tort and other claims over the temperature of fuel.
- Defeated class certification for an international retailer targeted with multiple discrimination claims asserted on behalf of a putative class of 10,000 current and former employees.
- Represented a Fortune 100 agribusiness on appeal and through certiorari seeking reversal of a multimillion-dollar punitive damages verdict, which was ultimately vacated.
- Best Lawyers in America, 2024
- American Bar Association
- Federal Bar Association
- Kansas Bar Association
- The Missouri Bar
- Kansas City Metropolitan Bar Association
- “Constitutional Provisions in Conflict: Article III Standing and Equal Protection after Shaw v. Reno,” 43 Kan. L. Rev. 449, 1995