Bailey Heaps is a trial lawyer who represents companies, investors, founders, and executives in high-stakes commercial disputes. His practice focuses on complex commercial, life sciences, intellectual property, and technology litigation in state and federal courts. He has represented clients in disputes involving mergers and acquisitions, milestone and royalty payments, fiduciary duties, trade secrets, and generative artificial intelligence.
Bailey has represented clients in high-profile commercial disputes in the technology and life sciences sectors and beyond. His recent matters include representing a founding scientist at Vividion Therapeutics and securing dismissal with prejudice of fiduciary duty, fraud, and related claims arising from Bayer’s $2 billion acquisition of Vividion; representing Runway AI in one of the first copyright cases testing the application of copyright law to generative AI; winning summary judgment for The Scripps Research Institute and two award-winning chemists in a high-profile investor dispute, a victory later affirmed on appeal; and helping secure an $80 million-plus judgment following trial win in the Delaware Court of Chancery for the former shareholders of FerroKin BioSciences, a judgment unanimously affirmed by the Delaware Supreme Court.
Bailey maintains an active pro bono practice, including constitutional and Administrative Procedure Act litigation challenging unlawful executive actions and civil rights litigation on behalf of incarcerated individuals.
Bailey has been recognized as a Law360 Rising Star in Life Sciences, named to the Lawdragon 500 X – The Next Generation, and selected for Best Lawyers: Ones to Watch.
Before joining Keker, Van Nest & Peters, Bailey served as a trial attorney in the Federal Programs Branch of the U.S. Department of Justice’s Civil Division, where he defended challenges to federal statutes and Executive Branch actions. He previously clerked for Judge Judith W. Rogers of the U.S. Court of Appeals for the District of Columbia Circuit and Judge Keith P. Ellison of the U.S. District Court for the Southern District of Texas. Bailey graduated from Stanford Law School with pro bono distinction and from Georgetown University, cum laude, with degrees in English and Government. While at Stanford, he was a member of the team that represented Edith Windsor before the United States Supreme Court in her successful challenge to the Defense of Marriage Act.
Cases of Note
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CHP III, L.P. v. Cravatt, et al.
We represented Vividion Therapeutics’ founding chemist in knocking out claims alleging that he conspired to divert valuable intellectual property from the company’s $2 billion sale to Bayer. A Vividion investor…
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Nonprofit Institute v. Pharmaceutical Company
We represented a nonprofit research institute in its lawsuit against a giant pharmaceutical company regarding the latter’s refusal to pay hundreds of millions of dollars in royalties it was owed…
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Clarke v. Yu
We defended The Scripps Research Institute and two award-winning chemists against a lawsuit brought by a venture capital firm partner who alleged he had entered into an oral joint venture…
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Shareholder Representative Services v. Medtronic, Inc.
We currently represent Shareholder Representative Services (SRS) in its capacity as representative of the former shareholders of Ablation Frontiers Inc. in a post-merger dispute with Medtronic, Inc. in Delaware Chancery…
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Runway AI Copyright Litigation
We are defending generative AI platform Runway in a copyright lawsuit filed by illustrators and visual artists alleging use of their works to train image models amounts to copyright infringement….
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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.
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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.
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RingCentral, Inc. v. Nextiva, Inc.
We represented Nextiva, Inc., as defendant and counterclaimant in a trade libel, defamation, and false advertising suit. We succeeded in significantly narrowing the case against Nextiva on summary judgment and…
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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.
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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…
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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…
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State of California v. Sutter Health
We negotiated a settlement for Sutter Health with the California Attorney General’s Office, in a suit that alleged Sutter exploited its size and reach to extract “illegally inflated prices” from…
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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…
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Al-Mowafak et al. v. Trump et al.
In partnership with the ACLU, we filed a class action lawsuit challenging President Trump's executive order restricting immigration from several predominantly Muslim countries and suspending entry of refugees from all…
News & Events
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Four Partners Named Among Lawdragon’s Next Generation
Keker, Van Nest & Peters is proud to announce that partners Cody Gray, Bailey Heaps, Katie Lynn Joyce, Christina Lee have been named among the 2026 Lawdragon 500 X – The Next Generation.
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Keker Partner: Chancellor Recognized “Numerous Legal Defects” in VC’s Claims Against Startup and Scientist
The Daily Journal’s new Capital & Counsel newsletter highlighted Keker, Van Nest & Peters’ lead role in convincing a Delaware Chancery Court to dismiss a complaint by venture capital firm Cardinal Partners ac…
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Litigator of the Week Runners-Up and Shout-Outs: Delaware Life Sciences Win
AmLaw’s Litigator of the Week column included a shout-out for Keker, Van Nest & Peters and Bailey Heaps for defending Vividion Therapeutics’ founding chemist against claims he improperly diverted intellectual p…
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Keker Wins Dismissal of Fraud Suit Tied to Vividion’s $2 Billion Sale to Bayer
Keker, Van Nest & Peters won a significant victory today in Delaware Chancery Court, which dismissed with prejudice Cardinal Partners’ claims against Vividion Therapeutics’ founding chemist stemming from the co…
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Law360 Rising Stars: Bailey Heaps in Life Sciences
Keker, Van Nest & Peters attorney Bailey Heaps was featured in Law360’s ‘Rising Stars’ of 2025 as one of more than 150 attorneys under 40 whose legal accomplishments belie their age.” Heaps was recognized for …
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Law360 Selects Bailey Heaps for Rising Star in Life Sciences
Keker, Van Nest & Peters partner Bailey Heaps was among more than 150 attorneys selected by Law360 as a Rising Star in 2025. Heaps was one of four lawyers chosen for the Life Sciences category.
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Shout-Out: Keker Trial Team Scores Victory for Scripps Research Institute and Two Scientists
Am Law Litigation Daily gave a shout-out to a Keker trial team for defeating a lawsuit brought by venture capitalist John Carke against The Scripps Research Institute and two award-winning chemists.
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KVP Attorneys Recognized in 2025 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America.
The 2025 edition of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America featured 25 KVP attorneys.
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Keker, Van Nest & Peters Announces New Partners and Of Counsel
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 …
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Lance Armstrong Settles Federal Fraud Case for $5 Million
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 te…
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Was it the Right Decision for Lance Armstrong to Settle his Lawsuit with the U.S. Government?
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 settl…
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Publications
- The Most Adequate Branch: Courts as Competent Prison Reformers, 9 STAN. J. C.R. & C.L. 281 (2013).