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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 with the firm's litigation team, where he serves as the Charlotte Litigation Practice Team Leader. He represents businesses in a variety of matters, including trade secret misappropriation and  intellectual property infringement disputes, securities and investment fraud claims, and other contractual and commercial disputes. He has handled numerous complex bet-the-company cases for both plaintiffs and defendants. Bailey has litigated and tried matters throughout state and federal courts in North Carolina and elsewhere and has significant experience in the North Carolina Business Court.

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

Bailey currently serves as Chair of the Antitrust and Complex Business Disputes Section of the North Carolina Bar. He is a frequent writer and commentator on issues related to trade secret misappropriation, 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 BusinessWeek.

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, 2017), Rising Stars Edition (2012-2015)
  • Business North Carolina's Legal Elite, Litigation (2015), Young Guns (2011)
Experience

Representative Work

Business Litigation

  • Chara, LLC v. Vista Green, LLC (defense of false advertising and unfair competition claims arising out of website promoting development of coal ash disposal facility) (W.D.N.C., Judge Frank D. Whitney) (2017)
  • Custom Polymers PET, LLC v. Gamma Meccanica, SpA (prosecution of anti-suit injunction in international breach of contract dispute preventing Italian lawsuit from going forward and prosecuted claims) (South Carolina Federal Court) (D.S.C.) (2015-2016)
  • LaMack v. Obeid (N.C. Business Court) (defense of shareholder derivative claims in closely-held corporation) (N.C. Business Court, Judge Louis A. Bledsoe, III) (2014-present)
  • Ehmann v. Medflow, LLC (defense of claims related to validity of executive compensation packages) (N.C. Business Court, Judge James L. Gale) (2015-present)
  • Cost Containment Advisors, Inc. v. Duke Energy. Inc. (prosecution of claims related to property tax consulting services) (AAA Arbitration) (2013-2014)
  • BV Retail, LLC v. Donnelly (trial to jury verdict and subsequent appeal in case involving the defense of breach of guaranty agreement for a commercial lease) (M.D.N.C., Magistrate Judge David S. Cayer, and 4th Circuit) (2013)
  • Daimler Trucks North America v. Hydro Aluminum North America, Inc. v. A&E Powder Coating, Ltd. (defense of breach of warranty and unfair and deceptive trade practice claims related to Hydro Aluminum's manufacture of bus doors installed on Thomas Built Buses that were subject to a nationwide recall and prosecution of third-party claims against painter of bus doors) (M.D.N.C., Judge Catherine C. Eagles) (2012-2014)
  • Thompson Hospitality, LLC v. The Paine College (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) (S.D. Ga.)  (2012-2014)
  • Reliable Auto Care LLC v. AutoZone Stores, Inc. (defense of fraud and unfair and deceptive trade practices claims arising out of alleged conspiracy with a former employee of Reliable Auto Care, LLC) (N.C. Superior Court) (2012-2013)
  • M&S Properties v. Advance Stores Company, Incorporated (defense of claims arising out of lease dispute related to liability for real property taxes on leased premises) (D.S.C.) (2012-2013)
  • McManus v. GMRI, Inc. (defense of claims for breach of lease, negligence, and unfair and deceptive trade practices related to the closing of Olive Garden restaurant) (M.D.N.C.)  (2011-2012)
  • US Airways, Inc. v. US Airline Pilots Association, et. Al. (prosecution of injuction action on behalf of airline against pilots union) (W.D.N.C.) (2011-2012)
  • Elliott v. Yamaha Motor Corp. (trial to jury verdict in case involving defense breach of warranty for motorcycle) (N.C. State Court) (2010)
  • Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (prosecution of declaratory judgment action arising from alleged breach of license agreement related to furniture designs) (N.C Business Court) (2008-2009)
  • Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (defense of claim challenging the enforceability of a liquidated damages provision in a mortgage loan commitment) (S.D. Iowa and 8th Circuit Court of Appeals) (2008)

Intellectual Property Litigation

  • Confidential Matter – Case Filed Under Seal (defend claims of trade secret misappropriation and copyright infringement involving computer software source code, including 4-day preliminary injunction hearing) (W.D.N.C., Judge Graham C. Mullen) (2017)
  • Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation, et al (trial to jury verdict on defense of claims for trade secret misappropriation, tortious interference with contract, and unfair and deceptive trade practices) (N.C. Business Court) (2013- 2017)
  • Kayser-Roth Corporation v. Goodhew, LLC (prosecution of trademark infringement claims in the apparel industry) (M.D.N.C.) (2015-2016)
  • Medflow, LLC v. Riggi  (prosecution of preliminary injunction and prosecuted trade secret misappropriation claims against a former employee) (N.C. Business Court) (2015-2016)
  • Celgard, LLC v. LG Chem, Ltd. (prosecution of claims for patent infringement and various business torts arising out of supplier relationship in the lithium ion battery industry) (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015)
  • Celgard, LLC v. SK Innovation Co., Ltd. (prosecution of claims for patent infringement relating to lithium ion battery technology) (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015)
  • Empowered Benefits, LLC v. MetLife, Inc. (defense of trademark infringement claims arising out of marks used in connection with employee benefits enrollment program) (W.D.N.C., Judge Max O. Cogburn, Jr.)  (2012-2013)
  • Pan-American Products Holdings, L.L.C. v. R.T.G. Furniture Corp., et al. (prosecution of copyright infringement claims related to furniture designs) (M.D.N.C., Judge Thomas D. Schroeder) (2010-2012)
  • Daramic, LLC v. Koch et. Al. (prosecution of trade secret misappropriation claims related to the manufacture of battery separators for lithium ion batteries) (N.C. Business Court)  (2011-2012)
  • AARP v. America's Recommended Mailers, Inc., et. Al. (defense of alleged trademark infringement and RICO claims) (M.D.N.C., Judge Thomas D. Schroeder) (2006-2009)
  • Jan Arps’ Traders’ Toolbox, LLC v. BSG Traders LLC (prosecution of declaratory judgment suit relating to alleged misrepresentation of trade secrets relating to market indicator computer software programs) (W.D.N.C., Judge Thomas D. Schroeder) (2007-2008)

Securities and Investment Litigation

  • Reittinger v. Lincoln National Life Insurance Company (defense of class action claims involving alleged misrepresentations regarding tax consequences of a retirement plan goverened by the Securities Litgation Uniform Standards Act) (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)
  • City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (trial to jury verdict and appeal of claims for investment losses suffered in a Lehman Brothers investment made in a securities lending program) (M.D. Fla. and 11th Circuit) (2011- 2013)
  • Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (prosecution of claims for investment losses suffered in a structured investment vehicle in a securities lending program) (N.C. Business Court) (2008-2011)

Financial Services Litigation

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

Class Action

  • Reittinger v. Lincoln National Life Insurance Company (defense of class action claims involving alleged misrepresentations regarding tax consequences of a retirement plan goverened by the Securities Litgation Uniform Standards Act) (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)

Trial Team

  • Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation, et al (trial to jury verdict on defense of claims for trade secret misappropriation, tortious interference with contract, and unfair and deceptive trade practices) (N.C. Business Court) (2013- 2017)
  • BV Retail, LLC v. Donnelly (trial to jury verdict and subsequent appeal in case involving the defense of breach of guaranty agreement for a commercial lease) (M.D.N.C., Magistrate Judge David S. Cayer, and 4th Circuit) (2013)
  • City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (trial to jury verdict and appeal of claims for investment losses suffered in a Lehman Brothers investment made in a securities lending program) (M.D. Fla. and 11th Circuit) (2011- 2013)
  • Elliott v. Yamaha Motor Corp. (trial to jury verdict in case involving defense breach of warranty for motorcycle) (N.C. State Court) (2010)
  • Henson v. Green Tree Servicing, LLC (trial to directed verdict and subsequent appeal in case involving claims for breach of warranty of title and unfair and deceptive trade practices arising out of repossession of manufactured home) (N.C. Superior Court) (2007-2008)

Appellate

  • City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (trial to jury verdict and appeal of claims for investment losses suffered in a Lehman Brothers investment made in a securities lending program) (M.D. Fla. and 11th Circuit) (2011- 2013)
  • BV Retail, LLC v. Donnelly (trial to jury verdict and subsequent appeal in case involving the defense of breach of guaranty agreement for a commercial lease) (M.D.N.C., Magistrate Judge David S. Cayer, and 4th Circuit) (2013)
  • Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (defense of claim challenging the enforceability of a liquidated damages provision in a mortgage loan commitment) (S.D. Iowa and 8th Circuit Court of Appeals) (2008)
  • Henson v. Green Tree Servicing, LLC (trial to directed verdict and subsequent appeal in case involving claims for breach of warranty of title and unfair and deceptive trade practices arising out of repossession of manufactured home) (N.C. Superior Court) (2007-2008)


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

Thought Leadership

Publications

Published Works

  • The Defend Trade Secrets Act of 2016 Is Here, and It's a Big Deal, July 29, 2016
  • International Disputes: Avoid Getting Locked Up Abroad in Litigation, June 08, 2016
  • The 'In Connection With' Requirement After Chadbourne & Park V. Troice, August 13, 2015
  • SLUSA Remains Viable Even After Chadbourne & Park v. Troice, August 05, 2015
  • Maximizing Your Potential To "Win" At Mediation, June 12, 2014
  • Libor Litigation Grows Despite ‘Big Win' For Banks In Multidistrict Litigation, August 06, 2013
  • Confidentiality and Protective Orders, August 05, 2013
  • The Fall-Out from the Financial Crisis: LIBOR, Bid-Rigging, and Securities Lending, March 15, 2013
  • Using 30(b)(6) Depositions to Bind Corporations, March 01, 2012
  • Department of Justice Settles Monopolization Claim with Hospital System, August 31, 2011
  • Defending RICO Claims After Boyle v. United States, February 01, 2011
  • Chapter 75 Case Updates, June 30, 2009
  • Defending Claims against Auditors by Non-Clients , August 31, 2007

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
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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