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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 the Litigation Practice Area Leader for the firm's Charlotte office, where he focuses on representing businesses in complex and high-stakes disputes. Bailey handles lawsuits in a variety of areas, including trade secret claims, intellectual property disputes, securities and investment matters, and other contractual and commercial disputes. He represents clients in bet-the-the-company litigation on both sides of the aisle, and many of his cases have been featured in both local and national publications. He has experience litigating throughout the state and federal courts in North Carolina and elsewhere, including significant experience in the North Carolina Business Court.

Bailey's skills have been recognized in Woodward/White's The Best Lawyers in America® for commercial litigation and in North Carolina Super Lawyers for business litigation since 2016. In 2015, he was selected as one of Business North Carolina's Legal Elite for litigation.

Bailey is currently serving as Chair of the Antitrust and Complex Business Disputes Section of the North Carolina Bar. He also serves as a publications editor for DRI's Commercial Litigation Section. Bailey is a frequent writer and commentator on issues related to trade secret misappropriation, securities law, and other litigation-related topics, and his views on the pending LIBOR rate-fixing antitrust class actions have been quoted in Bloomberg BusinessWeek.

Bailey serves as the Recruiting Partner for the Charlotte office. He is also a member of the firm's Diversity and Associates Committees. In the community, Bailey is an active member of Selwyn Presbyterian Church. He is also a member of the Charlotte Sportsmen's Club and has served on the Board of Directors for the Terrier Club, which raises funds to support student-athletes at Wofford College.

Listed in North Carolina Super Lawyers
Listed in North Carolina Super Lawyers
Achievements
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Commercial Litigation (2016-2018)
  • North Carolina Super Lawyers, Listed Business Litigation (2016-2018), Rising Stars Edition (2012-2015)
  • Business North Carolina's Legal Elite, Litigation (2015), Young Guns (2011)
Experience

Representative Work

Business Litigation

  • Represented automotive supplier in case seeking a temporary restraining order and preliminary injunction to require a supplier to provide raw materials.  Belt-Tech Products, Inc. v. Dura Fiber Technologies (N.C. Super. Ct.) (2017).
  • Represented recycling company in breach of contract case which included seeking an anti-suit injunction to prevent a competing lawsuit in Italy from going forward.  Custom Polymers PET, LLC v. Gamma Meccanica, SpA (D.S.C.) (2015-2016).
  • Defended corporate officer of closely-held company specializing in hotel development in shareholder derivative lawsuit.  LaMack v. Obeid (N.C. Bus. Ct., Judge Louis A. Bledsoe, III) (2014-present).
  • Defended medical software company against claims by former management team related to the validity of executive compensation packages.  Ehmann v. Medflow, LLC (N.C. Bus. Ct., Judge James L. Gale) (2015-present).
  • Represented tax consulting company in a dispute over the amount of fees due for tax savings achieved as a result of the company's consulting services.  Cost Containment Advisors, Inc. v. Duke Energy. Inc. (AAA Arbitration) (2013-2014).
  • Defended business owner against claims for breach of a guaranty agreement for a commercial lease in jury trial and on appeal.  BV Retail, LLC v. Donnelly (M.D.N.C., Mag. Judge David S. Cayer, and 4th Circuit) (2013).
  • Defended aluminum fabricator in lawsuit brought by Thomas Built Buses alleging claims for breach of warranty and unfair and deceptive trade practice arising out of bus doors that were subject to a nationwide recall and prosecution of third-party claims against painter of bus doors.  Daimler Trucks North America v. Hydro Aluminum North America, Inc. v. A&E Powder Coating, Ltd. (M.D.N.C., Judge Catherine C. Eagles) (2012-2014).
  • Represented food service provider in contractual dispute with college over the termination of an agreement to provide on-campus dining services.  Thompson Hospitality, LLC v. The Paine College (S.D. Ga.)  (2012-2014).
  • Defended auto parts store against claim for aiding and abetting a breach of fiduciary duty brought by an auto care business based on alleged moonlighting by one of its mechanics.  Reliable Auto Care LLC v. AutoZone Stores, Inc. (N.C. Super.) (2012-2013).
  • Defended company in a lease dispute against claims by property owner demanding payment of property taxes.  M&S Properties v. Advance Stores Company, Incorporated (D.S.C.) (2012-2013).
  • Defended company against claims for breach of lease, negligence, and unfair and deceptive trade practices arising out of the company's decision to close an Olive Garden restaurant.  McManus v. GMRI, Inc. (M.D.N.C., Mag. Judge David C. Keesler) (2011-2012).
  • Represented US Airways in lawsuit against pilot union seeking an injunction to prohibit an illegal slowdown campaign in connection with the parties' collective bargaining negotiations.  US Airways, Inc. v. US Airline Pilots Association (W.D.N.C., Judge Robert J. Conrad) (2011-2012).
  • Defended Yamaha in jury trial in lawsuit brought by purchaser of a motorcycle alleging breach of warranty.  Elliott v. Yamaha Motor Corp. (N.C. Super.) (2010).
  • Represented furniture company in a dispute with a licensor over obligations under a license agreement with respect to marketing of a furniture collection designed by Bob Timberlake.  Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (N.C Bus. Ct.) (2008-2009).
  • Defended life insurance company in case alleging that a deposit paid in connection with a mortgage commitment was an illegal penalty rather than a valid liquidated damages provision.  Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (S.D. Iowa and 8th Cir.) (2008).

Intellectual Property Litigation

  • Defended software developer against claims brought by his former employer for trade secret misappropriation and copyright infringement over computer software source code authored by developer.  Confidential Matter – Case Filed Under Seal (W.D.N.C., Judge Graham C. Mullen) (2017).
  • Defended developer of coal ash facility against claims of false advertising and unfair competition under Lanham Act arising out of promotional photographs posted by developer on its website.  Chara, LLC v. Vista Green, LLC (W.D.N.C., Judge Frank D. Whitney) (2017).
  • Defended company that hired two salespeople away from a competitor in a jury trial where competitor asserted claims for trade secret misappropriation, tortious interference with contract, and unfair and deceptive trade practices.  Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation. (N.C. Bus. Ct., Judge James L. Gale) (2013- 2017).
  • Represented apparel company in lawsuit against a competitor alleging infringement of the HUE trademark.  Kayser-Roth Corporation v. Goodhew, LLC (M.D.N.C., Judge Loretta C. Biggs) (2015-2016).
  • Represented company in trade secret case seeking a preliminary injunction against a former employee who had access to the company's proprietary software.  Medflow, LLC v. Riggi (N.C. Bus. Ct., Judge James L. Gale) (2015-2016).
  • Represented supplier of battery separators to the lithium ion battery industry in lawsuit asserting claims for patent infringement and various business torts arising out of the termination of a supply agreement. Celgard, LLC v. LG Chem, Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015).
  • Represented supplier of battery separators to the lithium ion battery industry in patent infringement lawsuit against a competitor. Celgard, LLC v. SK Innovation Co., Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015).
  • Defend MetLife against claims of trademark infringement as a result of its use of the M-Powered Benefits mark in connection with an employee benefits enrollment program.  Empowered Benefits, LLC v. MetLife, Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.)  (2012-2013).
  • Represented furniture designer in copyright infringement action against Rooms to Go related to a furniture collection.  Pan-American Products Holdings, L.L.C. v. R.T.G. Furniture Corp., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2010-2012).
  • Represented manufacturer of battery separators for lithium ion batters in trade secret misappropriation action against former engineers. Daramic, LLC v. Koch (N.C. Bus. Ct.) (2011-2012).
  • Defended mail-house company in trademark infringement action over mass mailings that referenced the AARP.  AARP v. America's Recommended Mailers, Inc., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2006-2009).
  • Represented company in declaratory judgment action relating to alleged misappropriation of trade secrets relating to market-indicator software programs.  Jan Arps' Traders' Toolbox, LLC v. BSG Traders LLC (W.D.N.C., Judge Thomas D. Schroeder) (2007-2008)

Securities and Investment Litigation

  • Defended insurance company against class action relating to alleged misrepresentations regarding the tax consequences of a retirement plan governed by the Securities Litigation Uniform Standards Act.  Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015).
  • Represented municipality at trial to jury verdict and on appeal in a lawsuit seeking damages for investment losses suffered in a Lehman Brothers investment held in a securities lending portfolio managed by Wachovia.  City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (2011- 2013).
  • Represented hospital authority on claims related to investment losses in a structured investment vehicle that was held in a securities lending portfolio managed by Wachovia.Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Bus. Ct.) (2008-2011).

Financial Services Litigation

  • Defended Barclays against third-party claims brought by Wells Fargo arising out of a mortgage dispute.  Dehart v. Wells Fargo Bank, N.A. v. Barclays Bank, PLC (E.D. Pa.) (2009).
  • Defended mortgage servicer against discrimination claims brought under the Fair Debt Collection Practices Act and the Fair Housing Act.  Fletcher v. Homecomings Financial Network, Inc. (M.D.N.C.) (2009).
  • Defended lender during jury trial to directed verdict and on subsequent appeal against claims of alleged breach of warranty of title and unfair and deceptive trade practices arising out of the repossession of a manufactured home.  Henson v. Green Tree Servicing, LLC (N.C. Superior Court) (2007-2008).

Class Action

  • Defend Atlantic Coast Conference in consolidated class action lawsuits alleging that the NCAA amateurism rules violate the Sherman Antitrust Act.  In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-present).
  • Defended insurance company against class action relating to alleged misrepresentations regarding the tax consequences of a retirement plan governed by the Securities Litigation Uniform Standards Act.  Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015).

Trial Team

  • Represented the family of Jeffrey Williams, an 11-year old boy who died of carbon monoxide poisoning while staying at a Best Western hotel in a lawsuit that settled shortly before trial for $12 million.  Estate of Jeffrey Lee Williams v. Best Western Int'l  and Jeannie Williams v. Best Western Int'l. (N.C. Super., Judge Forest D. Bridges) (2015-2018).
  • Defended company that hired two salespeople away from a competitor in a trial to jury verdict against claims for trade secret misappropriation, tortious interference with contract, and unfair and deceptive trade practices.  Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation. (N.C. Bus. Ct., Judge James L. Gale) (2013- 2017).
  • Defended business owner in a trial to jury verdict against claims for breach of a guaranty agreement for a commercial lease in jury trial.  BV Retail, LLC v. Donnelly (M.D.N.C., Mag. Judge David S. Cayer) (2013).
  • Represented municipality in a trial to jury verdict in lawsuit seeking damages for investment losses suffered in a Lehman Brothers investment that was held in a securities lending portfolio managed by Wachovia.  City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (2011- 2013).
  • Defended Yamaha in a trial to jury verdict against claims brought by purchaser of a motorcycle for breach of warranty.  Elliott v. Yamaha Motor Corp. (N.C. Super.) (2010).
  • Defended lender in a trial to directed verdict against claims of alleged breach of warranty of title and unfair and deceptive trade practices arising out of the repossession of a manufactured home.  Henson v. Green Tree Servicing, LLC (N.C. Superior Court) (2007-2008).

Appellate

  • Represented municipality on appeal to the 8th Circuit following jury verdict on claims related to investment losses suffered in a Lehman Brothers investment held in a securities lending program.  City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (11th Circuit) (2011- 2013).
  • Represented business owner on appeal to the 4th Circuit following jury verdict on claims for breach of a guaranty agreement for a commercial lease.  BV Retail, LLC v. Donnelly (4th Circuit) (2013).
  • Represented life insurance company on appeal to the 8th Circuit following summary judgment in case alleging that a deposit paid in connection with a mortgage commitment was an illegal penalty rather than a valid liquidated damages provision.  Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (8th Cir.) (2008).
  • Represented lender on appeal to the North Carolina Court of Appeals following directed verdict on claims of alleged breach of warranty of title and unfair and deceptive trade practices arising out of the repossession of a manufactured home.  Henson v. Green Tree Servicing, LLC (N.C. App. Ct.) (2007-2008).


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

Thought Leadership

Publications

Presentations

  • “Can I Tell You a Secret? – Best practices for confidentiality agreements, restrictive covenants, and trade secret protection to keep your secrets safe when employees leave,” ACC Charlotte Chapter CLE, October 2017
  • "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

News

Education
  • University of North Carolina School of Law, J.D., with high honors, 2005 (Order of the Coif)
  • Wofford College, B.A., Finance, summa cum laude, 2002 (Phi Beta Kappa)
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
  • United States Supreme Court
Affiliations
  • Defense Research Institute (Commercial Litigation and Intellectual Property Litigation Sections)
  • American Bar Association (Business Law Section)
  • North Carolina Bar Association (Antitrust and Complex Business Dispute Litigation Section Council)
  • North Carolina Association of Defense Attorneys (Commercial Litigation Section)
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