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

  • 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…

  • 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…

  • 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…

  • 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…

  • 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….

  • 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 counterclaimant in a trade libel, defamation, and false advertising suit. We succeeded in significantly narrowing the case against Nextiva on summary judgment and…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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

Publications

  • The Most Adequate Branch: Courts as Competent Prison Reformers, 9 STAN. J. C.R. & C.L. 281 (2013).