Brian Ballay

Brian M. Ballay, a shareholder in the Firm’s New Orleans office, practices in the area of commercial litigation, including contract and business litigation, disputes involving life insurance policies and annuities, unfair trade practices and trade secrets, employment disputes and construction law.

In the areas of employment law, Mr. Ballay focuses on unique wage and hour issues that arise under federal contracting law, including the Davis-Bacon and Service Contract Acts. In this regard, he has substantial experience counseling clients during wage and hour investigations conducted by the United States Department of Labor.

Further, he has assisted clients with bidding/rebidding on federal contracts governed by the Service Contract Act and satisfaction of prevailing wage requirements, including, but not limited to, conformance requests, satisfaction of health and welfare benefits, vacation and holiday pay issues.

Prior to joining Baker Donelson, he served as a judicial clerk for the Honorable Carl J. Barbier, United States District Court, Eastern District of Louisiana.

EDUCATION:

• Loyola University School of Law, J.D., 2004, magna cum laude
• Louisiana State University, B.A., 1997

ADMISSIONS:

• Louisiana
• United States District Courts, Eastern, Middle and Western Districts of Louisiana
• United States District Court, Southern District of Mississippi, pro hac vice
• United States District Court, Southern District of Texas, pro hac vice

Representative Matters:

• Provided advice with respect to record keeping requirements and payments of health and welfare benefits on a federal communications contract.
• Advised clients with respect to Davis-Bacon Act record keeping and wage requirements for VA hospital construction.
• Advised clients with respect to conformance process for service contracts.
• Represented local contractors in wage and hour audits by the U.S. Department of Labor.
• Prevailed on appeal before the Louisiana Court of Appeals, Fourth Circuit, which affirmed the decision of the Civil District Court for the Parish of Orleans, Louisiana dismissing a gross negligence suit against a mortgage servicer related to alleged lender misconduct in the administration of so-called Section 203(k) financing.

Professional Honors & Activities:

• Member – Louisiana State Bar Association
• Member – Federal Bar Association
• Member – American Bar Association
• Member – New Orleans Bar Association
• Member – Thomas More American Inn of Court