James D. Bailey - Attorney

James D. Bailey is an experienced litigator with an unwavering focus on client service. He has handled state and federal court cases in a diverse array of subject matters ranging from commercial contract disputes to antitrust to IP infringement litigation. Prior to becoming a founding partner of Bailey Duquette, James practiced litigation at the international law firms Baker & McKenzie and Coudert Brothers.

When not providing a steady hand to guide his clients through the stresses of litigation, James counsels his clients on the day-to-day legal issues affecting their business, such as corporate structuring and contract formation. He routinely advises clients on corporate governance matters such as how to minimize the risk of corporate veil-piercing and, in the case of international clients, on how to structure their transactions. James has led internal investigations on behalf of several publicly-traded U.S. companies and has provided FCPA compliance training to clients in Latin America and Asia.

In addition, James specializes in antitrust counseling. He frequently assesses the antitrust implications of corporate transactions, including mergers and acquisitions, joint ventures, and license agreements. He has developed and implemented antitrust compliance programs for several Fortune 500 companies. He has lectured at NYU Stern and Columbia Law School on antitrust and intellectual property.

Education

McGill University, Faculty of Law (LL.B.)
Cornell University (B.A.)

Bar Admissions

New York
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York 

Publications

Darrell Prescott & James D. Bailey, The Regulation of Joint Ventures by Competition Authorities in the United States and Europe, International Practitioner’s Deskbook Series: Joint Ventures in the International Arena (2003).

Jeffrey E. Cohen, Darrell Prescott & James D. Bailey, The Audit Committee’s First Seven Steps, Boardroom Briefing (Summer 2005).

Douglas M. Tween & James D. Bailey, Over Assertion of Attorney-Client Privilege: Can It Be a Crime? Business Crimes Bulletin, Vol. 13, No. 6, Feb. 2006.

Lawrence W. Newman & David Zaslowsky, Disclosure of Conflicts by Arbitrators, New York Law Journal, September 27, 2007 (credited as assisting in preparation of article).