Dram Shop Liability: Navigating Risks in Alcohol Service (Presented by HospitalityLawyer.com®)

Stephen Barth
Spencer G. Markle
Jon Bailey
Stephen Barth | HospitalityLawyer.com®
Spencer G. Markle | Markle Law
Jon Bailey | The Bailey Law Firm
On-Demand: November 14, 2025

1.5 hour CLE

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Program Summary

This program delivers a concise, practice-oriented framework for trying dram shop cases from both plaintiff and defense perspectives. Trial attorneys Spencer Markle (defense) and Jon Bailey (plaintiff) address the scope and application of dram shop statutes, then translate doctrine into courtroom strategy, targeted discovery, use of mock trials, juror selection in alcohol-service matters, and effective presentation by counsel. The faculty also shapes compliance best practices for providers, training, policies, and documentation that both mitigate risk and shape evidentiary themes at trial. Participants will leave with practical checklists and tactics suitable for immediate use.

Key topics to be discussed:

  • The scope and application of dram shop laws, focusing on Texas as an example
  • Practical trial strategies for a dram shop case, including discovery suggestions, mock trial, jury selection and presentations by counsel
  • Compliance best practices for training, policies and documentation

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Stephen Barth | HospitalityLawyer.com®

Stephen Barth, author of Hospitality Law and coauthor of Restaurant Law Basics, is an attorney, the founder of HospitalityLawyer.com, the annual Hospitality Law Conference series, and the Global Travel Risk Summit Series. As a professor at the Conrad N. Hilton College of Hotel and Restaurant Management, University of Houston, he teaches courses in hospitality law and leadership. He is #3 on Global Guru’s Top 30 Hospitality Thought Leaders & Influencers for 2023. In addition to legal and travel risk mitigation insight, Stephen specializes in communicating the importance of Emotional Intelligence in leadership roles; and has provided valuable insight to many companies including The Methodist Hospital System, Wyndham Worldwide, Dine Equity, Business Travel News and Aramark. His fun, fast-paced presentations provide practical information and solutions to enhance your personal and professional life.

 

Spencer G. Markle | Markle Law

Spencer G. Markle, Partner at Markle Law, is one of Texas’s most accomplished civil trial attorneys and a leading authority on dram shop and liquor liability law. Board Certified in Personal Injury and Civil Trial Law, Spencer has tried more than 120 jury cases across 23 Texas counties and authored the Texas Liquor Liability Practice Manual, now in its 7th Edition (ALM Media 2024)—the state’s definitive guide on dram shop litigation. As both defense and plaintiff counsel, he brings a rare dual-perspective to alcohol-service liability, risk management, and jury strategy. A Diplomate of the American Board of Trial Advocates and frequent TexasBar CLE faculty member, Spencer offers deep insight into statutory interpretation, trial presentation, and compliance best practices that define this evolving area of law.

 

MDB_logoJon Bailey | The Bailey Law Firm

Jon Bailey, a native of Ballinger, Texas, graduated from Texas Tech School of Law in May of 2000. While in law school, Jon was a member of the Order of the Coif, the Texas Tech Law Review, and Phi Delta Phi. Following law school, Jon entered private practice focusing his efforts on Plaintiff’s personal injury trial law in West Texas. By the end of 2005, he became Board Certified in Personal Injury Trial Law. From 2008 to 2015, Jon was selected as a Texas Monthly Super Lawyer Rising Star. Every year since 2015 Jon has been selected as a Texas Monthly Super Lawyer. Jon has been trial counsel in 11 cases where the verdict exceeded One Million Dollars. In September of 2024, Jon was part of the trial team that recovered a 262.5-million-dollar verdict with 40% of the fault being placed on a local golf course bar for their role in violating the Texas Dram Shop Act. The majority of Jon’s trial docket involves Dram Shop or alcohol related cases in addition to trucking cases. In his community, Jon is actively involved in Angelo Catholic School and Holy Angels Catholic Church. Jon married his wife, Lacy, in August of 2002. Lacy and Jon have been blessed with four boys—Davis, Truett, Brogan and Rhett.

Agenda

I. The scope and application of dram shop laws, focusing on Texas as an example | 1:00pm – 1:30pm

II. Practical trial strategies for a dram shop case, including discovery suggestions, mock trial, jury selection and presentations by counsel | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Compliance best practices for training, policies and documentation | 2:10pm – 2:40pm

Preview
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