Bailey Heaps represents plaintiffs and defendants in high-stakes civil litigation. On the plaintiff side, he has represented biotech companies and former shareholders in milestone and royalty disputes and founders and executives in partnership and contract disagreements. He recently represented the former shareholders of FerroKin BioSciences against Shire Pharmaceuticals in a bench trial in the Delaware Court of Chancery, which awarded the firm’s clients more than $80 million, including the milestone payment due, attorney’s fees, and interest. That decision was affirmed by the Delaware Supreme Court. Mr. Heaps has also represented defendants large and small, in both state and federal court, in patent, false advertising, antitrust, and False Claims Act litigation. He maintains a robust pro bono practice, having represented a formerly incarcerated person with disabilities in a case about prison conditions and assisted with the firm’s challenge to the Trump Administration’s Muslim ban.
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 legality of federal statutes and Executive Branch actions. Before joining the Justice Department, he clerked for the Honorable Judith W. Rogers on the D.C. Circuit and for the Honorable Keith P. Ellison on the federal district court in Houston.
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 member of the team that represented Edith Windsor before the Supreme Court in her successful challenge to the Defense of Marriage Act.
Blessing v. Plex Systems
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.
Calithera Biosciences, Inc v. Incyte Corp.
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.
RingCentral, Inc. v. Nextiva, Inc.
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.
Rodriguez v. United States
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.
Ajzenman v. Office of the Commissioner of Baseball
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.
Shareholder Representative Services v. Shire Pharmaceuticals
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.
State of California v. Sutter Health
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.
Symantec v. Zscaler
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.
United States ex rel. Landis v. Tailwind Sports, et al.
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.
Al-Mowafak et al. v. Trump et al.
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.
Keker, Van Nest & Peters is pleased to announce that the firm has elevated associates Bailey Heaps, Katie Lynn Joyce, and Chris Sun to Partners, and Kristin Hucek and Ian Kanig to Of Counsel, effective January 1, 2023. Read more
April 19, 2018
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
April 19, 2018
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
- The Most Adequate Branch: Courts as Competent Prison Reformers, 9 STAN. J. C.R. & C.L. 281 (2013).