James D. Bailey - Attorney

James D. Bailey is an experienced advocate and counselor. He values honesty and client service, and builds lasting relationships with the firm’s clients. Prior to founding Bailey Duquette, James practiced litigation and antitrust at the international law firms Baker & McKenzie and Coudert Brothers.

James is a seasoned and skillful litigator, who handles state and federal court cases in a diverse array of subject matters ranging from commercial contract disputes to antitrust to IP infringement litigation.

Recent litigation matters include:

  • Representation of Central Bank of India and the Export-Import Bank of India suing co- lenders for breach of an Intercreditor Agreement in the Southern District of New York
  • Representation of Central Bank of India and the Export-Import Bank of India in a fraudulent transfer action in the Delaware Bankruptcy Court
  • Representation of a leading stock photo agency in an antitrust and breach of contract suit against Google in the Northern District of California
  • Representation of Granby Industries, a manufacturer of heating oil tanks, in a false advertising lawsuit against a competitor in the Northern District of New York
  • Defense of Parkland Fuel Corporation, an owner of retail gas stations, from indemnification claims brought in connection with a share purchase agreement
  • Successful recovery of loan proceeds on behalf of RBC in N.Y. State Supreme Court
  • Achieved favorable settlement for an outsourcing company in software copyright infringement action
  • Successful dismissal of lawsuit against former employee for alleged breach of a non- compete
  • Successful dismissal of a lawsuit against CEO of a beauty company for alleged breach of a promissory note

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. 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 IP license agreements. In particular, James advises trade associations, such as the Audio Publishers Association, on antitrust compliance. 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).