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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. His practice focuses on complex business disputes and commercial litigation. Bailey routinely litigates significant, high-stakes cases involving securities and investments, intellectual property rights, commercial contracts, antitrust matters, and class actions. A significant portion of Bailey's practice is focused on representing financial institutions such as banks, insurance companies, and investment companies in a wide variety of disputes involving commercial loans, securities, and other investment vehicles. Bailey has litigated matters throughout the state and federal courts in North Carolina and elsewhere, including the North Carolina Business Court, and on appeal.

Bailey has been recognized for his litigation skills in Business North Carolina's Legal Elite for Litigation in 2015 and as a Young Gun in 2011. In addition, Bailey has consistently been recognized in North Carolina Super Lawyers, Rising Stars Edition for Business Litigation, since 2012. Bailey is a frequent writer and commentator on issues related to securities litigation issues, the racketeer influenced and corrupt organizations act (RICO), and other developments in commercial litigation. In addition, 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 is 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. In addition, he currently serves as treasurer on the Antitrust and Complex Business Dispute Litigation Section Council for the North Carolina Bar Association.

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

  • Kayser-Roth Corporation v. Goodhew, LLC (M.D.N.C.) (prosecution of trademark infringement claims in the apparel industry) (2015-present)
  • LG Chem v. Celgard (W.D.N.C.) (prosecution of claims for patent infringement and various business tort claims arising out of supplier relationship) (2014-present)
  • 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-present)
  • 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

Published Works

  • "A New Frontier in Federal Court: The Defend Trade Secrets Act of 2016," The Middle Ground, Newsletter of the MDNC Chapter of the Federal Bar Association (Fall 2016)
  • "Preemption and the North Carolina Predatory Lending Law," 8 N.C. Banking Inst. 377 (2004)

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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