Bailey W. Heaps

We represented two former company executives in a securities fraud action arising out of a tender offer. We obtained a favorable settlement before depositions began.

We represented Calithera Biosciences, an early-stage drug development company, in a milestone dispute arising out of a collaboration agreement. We obtained a favorable settlement before depositions began.

We represented Nextiva, Inc., as defendant and counterclaimaint in a trade libel, defamation, and false advertising suit. We succeeded in significantly narrowing the case against Nextiva on summary judgment and then favorably resolved the remainder of the litigation on the eve of trial.

We represented Angelo Rodriguez, a paraplegic former inmate, in a Federal Tort Claims Act suit regarding his treatment in prison. We settled on favorable terms shortly before discovery began.

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, which totaled more than $80 million. The judgment of the Court of Chancery was unanimously affirmed by the Delaware Supreme Court.

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.