Appellate Litigation

• Federal and State Appellate Courts

• Regulatory Forums

• U.S. Supreme Court

Bailey Duquette offers its clients accomplished and experienced appellate advocates with a significant track record representing both individuals and entities in the federal and state appellate courts, and regulatory forums.

This specifically includes numerous oral arguments in the United States Court of Appeals for the Second Circuit and the Appellate Division, First Judicial Department; oral argument before the NYSE Regulations, Inc. Board of Directors; and briefs presented to the United States Supreme Court and the Securities and Exchange Commission.

Antitrust & FCPA

• Antitrust counseling and compliance

• Antitrust litigationFCPA and anti-bribery compliance and training

• Premerger notification

• Representation before federal and state agencies

Bailey Duquette’s lawyers provide guidance to domestic and foreign companies to manage antitrust issues. Bailey Duquette helps its clients avoid antitrust issues before they arise, advising on the permissibility of collaborations and communications between competitors, as well as the antitrust consequences of a variety of corporate transactions. Through the development and implementation of compliance programs, Bailey Duquette trains your employees to lessen the risk of antitrust exposure. We also help our clients use antitrust proactively – either raising it to curtail abuses by competitors or as a bargaining chip in transactional negotiations. When necessary, our attorneys also have the antitrust and litigation depth to resolve antitrust issues in court.

Our lawyers also have special experience in handling matters involving the Foreign Corrupt Practices Act (FCPA) and other international anti-corruption laws. Our lawyers defend clients involved in Department of Justice (DOJ) and Securities and Exchange Commission (SEC) investigations. We create and implement compliance programs, and conduct internal investigations, assessments and due diligence on potential merger and acquisition targets, joint venture partners and third parties. 

Commercial Transactions

• Franchising and distribution

• Joint ventures and strategic alliances

• Purchase and sale agreements

• Representation agreements

• Secured lending

• Service agreements

• Technology licensing

• Terms of use

Every commercial transaction — whether domestic or international in nature — should receive meticulous, expert attention. Mistakes made in complex transactions can waste time, resources, and money down the road. At Bailey Duquette, our Commercial Transactions attorneys handle sophisticated multi-jurisdictional business dealings of a wide variety on a daily basis.

Bailey Duquette offers skilled, practical counsel to domestic and international clients; we employ a multidisciplinary strategy for maximizing the benefits of our clients’ transactions.

Our transactional attorneys work proactively to protect clients' interests. To provide efficient, meaningful and practical advice, we are sensitive to a client's business objectives and financial position, as well as the environment in which it operates and specific challenges it faces. In today's global economy and ever-increasing regulatory environment, proactively anticipating clients’ needs is part of our services.

Advising both U.S. and international clients across jurisdictions and industry sectors, our transactional attorneys provide comprehensive legal services for a number of commercial transactions.

Corporate

• Corporate governance

• Distressed transactions

• Equity and debt financing

• Fund formation, management and compliance

• M&A

• Outside general counsel

• Partnerships

• Private equity investments

• Venture capital investments

• Tax planning

Bailey Duquette has a thriving U.S., cross border and international corporate practice, with a client roster that includes both large and small companies, financial institutions, start-ups, foreign enterprises and individuals who turn to us for advice about their activities and investments both in the U.S. and abroad.  We assist clients in mergers and acquisitions, partnerships, private equity and venture capital investments, fund formation, equity and debt financings, corporate governance and general corporate matters. We represent early-stage and late-stage private companies, venture capital and private equity funds, hedge funds, investment banks and high-net-worth individuals.

Our clients are involved in (among other things) art, food & beverage, construction, consumer products, fashion, marketing services, media and entertainment, retail, financial services, technology (eCommerce, social media, software and technology services) and life sciences (biotechnology, healthcare and pharmaceuticals).

Our attorneys also serve as outside general counsel to several small to mid-size privately held companies.

Digital Payments

• Crypto-currencies

• Decentralized ledger assets

• Digital assets as collateral

• Money transmission regulations

The firm’s Digital Assets & Payments Practice focuses on the complex and fast-changing array of novel legal issues faced by companies investing in, processing or otherwise handling digital payments, crypto-currencies and other digital assets. 

We have in-depth institutional knowledge of the payments and crypto-currency industries, and understand the unique technical attributes of these digital assets and the ways those attributes affect the application of existing and developing laws.

We have advised both Fortune 50 financial services and startup clients on the complex legal and regulatory issues that they face when innovating in digital payments, and have advised several of them on issues pertaining to bitcoin and other decentralized ledger assets, including:

• Federal and state money transmission regulation

• Federal and state securities laws pertaining to issuance of decentralized ledger assets

• Digital assets as collateral in secured lending and other financial products

We dedicate significant time and resources in studying, analyzing, and proposing solutions to many of the legal challenges faced by the industry.

Employment

• Compensation

• Defamation, tortious interference, breach of fiduciary duty and similar tort claims

• Employment and consulting agreements

• Harassment / discrimination / retaliation / whistleblower claims and internal investigations

• Hiring and terminations / reductions in force

• Incentive equity plans 

• Restrictive covenant (non-compete, non-solicit and confidentiality covenant) and trade secrets

• Wage and hour requirements (Fair Labor Standards Act)

• Family and Medical Leave Act claims.

Bailey Duquette’s attorneys work with individuals and corporations to address the complex legal relationship between an employer and its employees. 

Our attorneys draw from a depth of experience to proactively help clients avoid problems in the employment arena, and to effectively arbitrate, settle or litigate disputes that do arise. In fact, some of Bailey Duquette’s attorneys have spent their entire careers focusing on employment law. 

Bailey Duquette attorneys represent and counsel clients in a wide variety of employment litigations.

Estate Planning & Asset Protection

• Wills

• Revocable Living Trust

• Irrevocable Trust

• Estate taxes and asset protection

• Durable Power of Attorney

• Healthcare Proxy

• Advance Medical Directive

• Guardianships

• Kids’ Protection Planning

• Business Succession Planning

Bailey Duquette’s estate planning group helps clients effectively manage and protect their assets for themselves and their beneficiaries. From basic wills to sophisticated trust-based plans, we focus on protecting assets from lawsuits, incapacity, and future creditors.  We also distinguish ourselves by focusing not just on transfer of financial wealth to the next generation, but also identifying and building family wealth during one’s lifetime and leaving a legacy that goes far beyond money. The firm views the creation of an estate plan as the start of a long-term relationship. To that end, we work with our clients to make sure their personalized plan is up-to-date year in and year out, as well as give them access to a trusted team of experts on broader legal and financial matters.

Intellectual Property

• Copyright, trademark, and patent prosecution

• Cyber law / social media / privacy

• False / misleading advertising

• IP litigation

• Media first amendment

• Technology & IP transactions

Investigations & Regulatory Matters

• Discrimination, harassment, retaliation, whistleblower claims

• FINRA, NYSE, SEC, FCPA

• Internal investigations

Bailey Duquette actively represents both individuals and entities in regulatory investigations and enforcement proceedings; internal investigations; and other regulatory matters.

The firm’s experience includes representing clients in inquiries and enforcement actions commenced by the Financial Industry Regulatory Authority (FINRA); the New York Stock Exchange (NYSE); the Securities and Exchange Commission (SEC) and the New York State Office of Professional Discipline concerning possible violations of statutes, regulations, rules and industry standards of conduct. Our lawyers also have special experience in handling matters involving the Foreign Corrupt Practices Act (FCPA) and other international anti-corruption laws.

In connection with the financial services industry specifically, the firm’s attorneys regularly provide counsel concerning licensing and registration issues (for example, the language that will be published on a Form U4 or Form U5); compliance and reporting obligations (for example, what needs to be done to properly disclose an outside business interest); industry standards of conduct (for example, how to comply with the Protocol for Broker Recruiting); and related legal issues (for example, how to market without unfairly competing).

Bailey Duquette also frequently represents clients who are conducting, or involved in, internal investigations, including those related to regulatory, whistleblower, discrimination and harassment matters. 

Litigation & Arbitration

• Dispute resolution strategy

• International and domestic arbitration

• Mediation

• State and Federal court litigation

Bailey Duquette’s attorneys are seasoned commercial litigators with extensive experience in federal and state courts and in commercial arbitrations and mediations, both domestic and international. The firm has represented individuals and companies of all sizes in disputes that span a wide range of industries and subject areas. Bailey Duquette acts as counsel for both plaintiffs and defendants, efficiently handling cases to best protect our clients. 

The firm handles commercial disputes, including breach of contract, business torts (such as breach of fiduciary duty and tortious interference with contract), fraud, mismanagement and other disputes involving businesses or business partners.  

The firm's attorneys have extensive experience in disputes involving employment matters of all types, intellectual property (copyright and trademark infringement, trade secrets, and Lanham Act claims), antitrust, FINRA, investor fraud and mismanagement, privacy, insurance coverage, and art. We also have a strong background in international arbitration covering both private commercial disputes and investor-state disputes.

The firm employs all effective means to resolve disputes efficiently, favorably and cost-effectively. Through experience, we have found that a proactive approach to dispute resolution, coupled with close coordination with our clients, produces the best results: early dismissals, favorable settlements, and winning verdicts and awards.

Privacy & Data Security

• Cybersecurity

• Consumer privacy obligations

• Privacy policies

• TCPA

• Preparation for and compliance with GDPR, CCPA, and other privacy regulations worldwide

A data protection strategy for both customer and employee data is essential to developing and protecting a key asset for any business, information. Bailey Duquette’s privacy and data security attorneys have the depth and breadth of experience and knowledge of the law to help clients address compelling issues in data privacy and data security regulatory compliance in the face of new laws and evolving technologies. 

The firm regularly advises clients on their cybersecurity and consumer privacy obligations.  The Bailey Duquette team assists clients on developing and implementing policies and procedures, negotiating transactional matters, tracking public policy and legislative issues, and litigation. The firm’s privacy litigation experience covers the collection and sale of consumer data, and claims under the Telephone Consumer Protection Act of 1991, and its implementing regulations adopted by the Federal Communications Commission (TCPA).

Real Estate & Taxation

• Residential and commercial real estate

• Tax planning for individuals and businesses

Investments in real estate and business matters come with as much potential for success as inherent risk. We work to minimize this risk and give individuals and businesses guidance that promotes growth and success. The firm’s attorneys inform clients of their rights, their potential liability and the issues that may surprise them down the road.

Bailey Duquette has an experienced real estate practice, offering a full range of services related to all types of real estate transactions. The firm handles a broad range of sophisticated and complex real estate transactions, leveraging our extensive skills and experience in virtually all types of real estate and development matters.

U.S. Market Entry

• Full-service one-stop shop for foreign companies entering the U.S. market

Many of the firm's clients are successful foreign companies seeking to expand their business to the United States. From ideation to execution, from tax planning to workforce mobility, from intellectual property protection to employment matters, we guide our clients throughout this exciting endeavor, irrespective of their expansion model (organically, joint venture, franchising or acquisitions).  

Bailey Duquette provides a full-service one-stop shop for U.S. market entry. We also represent many non-U.S. clients with already established and thriving businesses in the United States, or simply transacting with U.S. partners and customers. We look to reduce their legal expenses by applying the firm's model and value proposition of attorneys from large international law firms in a cost-effective infrastructure.

Finally, the firm has a proven litigation and arbitration team that relentlessly defends the interests of foreign clients in the United States in connection with the occasional disputes inherent to commercial dealings.

The geographic provenance of the firm's international clients seeking assistance in the United States spans the globe with some concentrations in: Canada, Europe, Russia, India and Latin America. The firm has several attorneys who speak French and Spanish.