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C. Bailey King Jr.

C. Bailey King Jr.

Partner

T (704) 384-2616
F (704) 384-2919
Overview

Bailey King is a partner in the firm's litigation group. Bailey represents businesses in a variety of matters, including trade secrets and other intellectual property disputes, securities and investment fraud, and contractual disputes.  He regularly prosecutes and defends businesses in complex cases, including bet-the-company litigation. Bailey has litigated and tried matters throughout state and federal courts in North Carolina and elsewhere, including the North Carolina Business Court.  He has also handled appeals in various federal circuits and in the North Carolina appellate courts.

Bailey has been listed in Woodward/White’s The Best Lawyers in America® for commercial litigation since 2016, in North Carolina Super Lawyers for business litigation since 2016, and was selected as one of Business North Carolina’s Legal Elite for litigation in 2015.   

Bailey is a frequent writer and commentator on issues related to trade secret misappropriation, new developments in securities law, and other litigation-related topics. Many of Bailey's cases have been featured in local and national publications, and his views on the pending LIBOR rate-fixing antitrust class actions have been quoted in Bloomberg's BusinessWeek.

Bailey currently serves as the vice-chair for the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association.  He is also active in the Commercial Litigation section of the Defense Research Institute (DRI), where he serves as an editor of DRI's For the Defense publication.

Listed in North Carolina Super Lawyers
Listed in North Carolina Super Lawyers
Achievements
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Commercial Litigation (2016, 2017)
  • North Carolina Super Lawyers, Listed Business Litigation (2016, 2017), Rising Stars Edition (2012-2015)
  • Business North Carolina's Legal Elite, Litigation (2015), Young Guns (2011)
Experience

Representative Work

  • Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation, et al (N.C. Business Court) (trial to jury verdict on defense of claims for trade secret misappropriation, tortious interference with contract, and unfair and deceptive trade practices) (2013- 2017)
  • Kayser-Roth Corporation v. Goodhew, LLC (M.D.N.C.) (prosecution of trademark infringement claims in the apparel industry) (2015-2016)
  • Custom Polymers PET, LLC v. Gamma Meccanica, SpA (D.S.C.) (prosecution of anti-suit injunction in international breach of contract dispute preventing Italian lawsuit from going forward and prosecuted claims South Carolina federal court) (2015-2016)
  • Medflow, LLC v. Riggi (N.C. Business Court) (prosecution of preliminary injunction and prosecuted trade secret misappropriation claims against a former employee) (2015-2016)
  • LG Chem v. Celgard (W.D.N.C.) (prosecution of claims for patent infringement and various business torts arising out of supplier relationship) (2014-2015)
  • Obeid v. La Mack (N.C. Business Court) (defense of shareholder derivative claims in closely-held corporation) (2014-present)
  • Reittinger v. Lincoln National Life Insurance Company (M.D.N.C.) (defense of class action claims involving alleged misrepresentations regarding tax consequences of an investment product) (2013-2015)
  • Cost Containment Advisors, Inc. v. Duke Energy. Inc. (AAA Arbitration) (prosecution of claims related to property tax consulting services) (2013-2014)
  • BV Retail, LLC v. Donnelly (M.D.N.C.) (trial to jury verdict in case involving the defense of breach of guaranty agreement for a commercial lease) (2013)
  • Daimler Trucks North America and Thomas Built Buses, Inc. v. Hydro Aluminum North America, Inc. v. A&E Powder Coating, Ltd. (M.D.N.C.) (defense of breach of warranty and unfair and deceptive trade practice claims related to Hydro Aluminum's manufacture of bus doors that were installed on Thomas Built Buses that are the subject of a nationwide recall and prosecution of third-party claims against painter of bus doors) (2012-2014)
  • Empowered Benefits, LLC v. MetLife, Inc. (W.D.N.C.) (defense of alleged trademark infringement in employee benefits enrollment program) (2012)
  • Thompson Hospitality, LLC v. The Paine College (S.D. Ga.) (prosecution of claims for breach of contract and defense of counterclaims arising out of the termination of agreement to provide on-campus food and catering services) (2012-2014)
  • Reliable Auto Care LLC v. AutoZone Stores, Inc. (N.C. Superior Court) (defense of fraud and unfair and deceptive trade practices claims arising out of alleged conspiracy with a former employee of Reliable Auto Care, LLC) (2012-2013)
  • M&S Properties v. Advance Stores Company, Incorporated (D.S.C.) (defense of claims arising out of lease dispute related to liability for real property taxes on leased premises) (2012-2013)
  • McManus v. GMRI, Inc. (M.D.N.C.) (defense of claims for breach of lease, negligence, and unfair and deceptive trade practices related to the closing of Olive Garden restaurant) (2011-2012)
  • City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (trial to jury verdict and appeal of claims for investment losses suffered in a Lehman Brothers investment made in a securities lending program) (2011- 2013)
  • Daramic, LLC v. Koch et. Al. (N.C. Business Court) (prosecution of trade secret misappropriation claims related to the manufacture of battery separators) (2011-2012)
  • Pan-American Products Holdings, L.L.C. v. R.T.G. Furniture Corp., et al. (M.D.N.C.) (prosecution of copyright infringement claims related to furniture designs) ( 2010-2012)
  • US Airways, Inc. v. US Airline Pilots Association, et. Al. (W.D.N.C.) (prosecution of injuction action on behalf of airline against pilots union) (2011-2012)
  • Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Business Court) (prosecution of claims for investment losses suffered in a structured investment vehicle in a securities lending program) (2008-2011)
  • Elliott v. Yamaha Motor Corp. (N.C. State Court) (trial to jury verdict in case involving defense breach of warranty for motorcycle) (2010)
  • Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (N.C Business Court) (prosecution of declaratory judgment action arising from alleged breach of license agreement related to furniture designs) (2008-2009)
  • AARP v. America's Recommended Mailers, Inc., et. Al. (M.D.N.C.) (defense of alleged trademark infringement and RICO claims) (2006-2009)
  • Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (S.D. Iowa and 8th Circuit Court of Appeals) (defense of claim challenging the enforceability of a liquidated damages provision in a mortgage loan commitment) (2008)


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

Presentations

  • "Can I get a Witness!?!  Preparing for and successfully defending depositions of corporate representatives, former employees and current employees," ACC Charlotte Chapter CLE, October 2016
  • "Strategies and Techniques to Maximize your Potential to 'Win' Your Next Mediation," ACC Charlotte Chapter CLE, March 2014
  • "Who's Responsible for Your Investment Losses: The Fallout from the Financial Crisis," International Municipal Lawyers Association, Mid-Year Seminar, 2013
  • "Getting Creative: Lessons Learned from a Decade of Federal Antitrust Litigation in North Carolina," N.C. Bar Association CLE, 2010
  • "Emerging Trends in Life Insurance Litigation and e-Discovery," Association of Fraternal Benefits Counsel, Annual Meeting, 2008
News
Education
  • Wofford College, B.A., Finance, summa cum laude, 2002 (Phi Beta Kappa)
  • University of North Carolina School of Law, J.D., with high honors, 2005 (Order of the Coif)
Admissions
  • North Carolina
  • North Carolina Business Court
  • United States District Court, Middle District of North Carolina
  • United States District Court, Eastern District of North Carolina
  • United States District Court, Western District of North Carolina
  • United States Court of Appeals, Fourth Circuit
  • United States Court of Appeals, Eighth Circuit
  • United States Court of Appeals, Eleventh Circuit
  • United States Court of Appeals, Federal Circuit
Affiliations
  • Defense Research Institute (Commercial Litigation Section)
  • American Bar Association (Business Law Section)
  • North Carolina Bar Association (Antitrust and Complex Business Dispute Litigation Section Council)
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