Bailey Heaps represents clients in all facets of commercial litigation. Prior to joining Keker, Van Nest & Peters, Mr. Heaps was a trial attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice, where he defended challenges to the constitutionality of federal statutes and the legality of Executive Branch actions. While at the Federal Programs Branch, Mr. Heaps's representative matters included defending the Department of Health and Human Services in a challenge to the regulation implementing the non-discrimination provision of the Affordable Care Act, defending the constitutionality of the Telephone Consumer Protection Act, and representing the State Department in several Freedom of Information Act suits. Prior to joining the Justice Department, he clerked for the Honorable Judith W. Rogers of the U.S. Court of Appeals for the District of Columbia Circuit and for the Honorable Keith P. Ellison of the U.S. District Court for the Southern District of Texas.
Mr. Heaps graduated from Stanford Law School with pro bono distinction and graduated cum laude from Georgetown University with a B.A. in English and Government. During law school, Mr. Heaps participated in the Stanford Supreme Court Litigation Clinic, during which time he was a part of the team that represented Edith Windsor in her successful challenge to the Defense of Marriage Act.
We represented Tour de France winner Lance Armstrong in settling a False Claims Act case brought by a former teammate and joined in by the United States. The Postal Service and Floyd Landis had sought $100 million in damages from Armstrong, but in light of several significant court rulings rejecting and limiting the plaintiffs’ damages theories, the case settled for $5 million. Our prior representation of Armstrong resulted in the closing of a federal criminal investigation without charges being filed.
In partnership with the American Civil Liberties Union, Keker, Van Nest & Peters filed a class action lawsuit challenging President Donald J. Trump's executive order restricting immigration from several predominantly Muslim countries and suspending entry of refugees from all countries. In March 2017, we sought a preliminary injunction enjoining the order's enforcement. The suit alleges that the order is an unconstitutional attempt to discriminate against Muslims, and that the government's actions violate Article I of the Constitution, the First Amendment, the equal-protection and due process rights granted under the Fifth Amendment and the Immigration and Nationality Act.
Five years after then-U.S. Attorney General Eric Holder announced that the U.S. Justice Department would co-sign onto Floyd Landis’s whistleblower lawsuit against Lance Armstrong, the sides have reached a settlement. Read more
Lance Armstrong agreed on Thursday to pay $5 million to settle claims that he defrauded the federal government by using performance-enhancing drugs when the United States Postal Service sponsored his cycling team. Read more