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 Major League Baseball, the Commissioner, and the 30 Clubs in a putative class action concerning the postponement of games during the COVID-19 pandemic. Plaintiffs raised a number of consumer claims and sought damages related to the sale of all tickets for the 2020 MLB season. The Court granted our motions to dismiss plaintiffs’ claims, holding them to be legally baseless.
We represented Shareholder Representative Services (SRS) in its role as representative of the former shareholders of FerroKin Biosciences in a post-merger dispute with Shire Pharmaceuticals, which had refused to make a $45 million milestone payment related to the development of an experimental iron chelation drug. After a four-day bench trial, the Delaware Chancery Court entered judgment in favor of SRS, ruling in a 77-page opinion that the former FerroKin shareholders were entitled to the overdue $45 million milestone, as well as five years of interest on the payment and their attorneys’ fees and costs.
We defended Sutter Health from an antitrust lawsuit filed by California’s Attorney General in San Francisco Superior Court. The suit alleges that Sutter exploited its size and reach to extract “illegally inflated prices” from insurers, employers, and patients.
We represented Zscaler in parallel infringement suits brought by Symantec in the District of Delaware asserting 14 patents against Zscaler’s network-security platform. We succeeded in transferring both cases to the Northern District of California, invalidating several patents on motions to dismiss in District Court, and eliminating additional claims in proceedings before the Patent Office. As a result, we settled the remainder of the litigations very favorably before trial.
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