Blake A. Bailey

Blake Bailey has more than 30 years of experience in helping clients resolve complex commercial disputes in state courts, federal courts and before arbitration panels throughout Texas as well as in Arizona, California, Illinois, Indiana, Florida, Nevada, New Mexico, New York, Ohio, and Utah.

Mr. Bailey has represented clients in a range of matters including contract, easements and rights-of-way, director and officer liability, shareholder matters, employment practices, construction, civil and criminal antitrust, RICO, deceptive trade practices, protecting confidential information and trade secrets, covenants not to compete, franchise and distributor disputes, trademark infringement, professional liability, product liability, and grand jury proceedings.

Experience

  • Lead counsel obtaining summary judgment dismissing copyright claims.
  • Lead counsel obtaining summary judgment dismissing professional liability claims against insurance brokers in multiple cases.
  • Lead counsel defeating injunctive actions in contract termination disputes in federal court.
  • Lead counsel for national accounting firm in defending professional liability claims in federal court in Indiana.
  • Lead counsel in defending claims made against a national franchise company by a terminated franchisee.
  • Lead counsel for a private label manufacturing company in federal court in Illinois defending claims in international transaction.
  • Lead counsel in defending various employment claims under FMLA, Title VII, and ERISA.
  • Obtained over 100 registered trademarks for companies in manufacturing, service, entertainment, and hospitality industries, as well as resolving numerous disputes involving trademarks and copyrights.
  • Obtained summary judgment dismissing $25 million claim against a major accounting firm related to software implementation and consulting project.
  • Obtained dismissal of claims under RICO Act.
  • Obtained injunction preventing a $1.2 million demand Letter of Credit from being drawn down.
  • Obtained zero liability awards in two different commercial arbitrations, each claiming over $20 million in damages.
  • Obtained arbitration award exceeding liquidated damage clause and awarding all fees.
  • Obtained arbitration award striking pleadings and issuing sanctions against opposing party.
  • Obtained jury verdict acquitting client of criminal antitrust charges for bid rigging.

Insights

Publications
  • "The Colorful John Robert Brown," 7 Fifth Circuit Reporter 885 (1990)
Speaking Engagements
  • Association of Corporate Counsel Dallas/Fort Worth Chapter CLE Luncheon (November 2017)
  • ACC Dallas/Phelps Dunbar CLE Lunch and Learn (August 2015)
  • "Financial Risks Associated with Pre-Employment Background Checks," University of Texas Arlington's Fourth Annual CPE Event for the College of Business Accounting Department (2014)
  • Instructor, NITA Southern Skills Deposition Program, Southern Methodist University (2005-2016)
  • "Confidentiality, Fees and Conflicts: It's Not the Same Ol' Rodeo," Corporate Counsel Institute (2006)
  • "Evidence and Discovery in Arbitration and Mediation," State Bar of Texas Advanced Evidence and Discovery Course (2005)
  • "Antitrust Issues in the B2B Economy," Lorman Education Seminar (2001)

Memberships & Affiliations

  • State Bar of Texas
  • Bar Association of the Fifth Federal Circuit
  • Nation Institute of Trial Advocacy (Faculty)
  • Southlake Executive Forum

Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell