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Overview

Blake Bailey is a Principal in McKool Smith's Houston office with a practice focused on complex commercial and intellectual property litigation.  Blake has represented both plaintiffs and defendants in complex commercial disputes involving breaches of contract, breaches of fiduciary duties, and recovery of fraudulent transfers.  He also has significant experience litigating disputes surrounding cellular standard essential patents subject to FRAND or RAND obligations.  Similarly, Blake has represented technology companies enforcing their intellectual property rights.  Blake’s clients include national and international companies, officers and directors, and liquidation trustees.

Upon graduation from Stanford Law School, Blake served as a law clerk for Chief Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston. During law school, he was a research assistant for Professor Michael Klausner for Stanford's Securities Class Action Clearinghouse. After completing his undergraduate studies at Trinity University, he worked at the Federal Reserve in Washington, D.C. for several years, where he forecasted investment levels in the U.S. economy and analyzed underlying factors in U.S. productivity.

Experience

Representative Matters

  • HTC v. Ericsson.  Represented Ericsson involving a dispute over fair, reasonable, and non-discriminatory (FRAND) terms for a license relating to standard essential cellular technologies.  After a one-week trial, the jury found that Ericsson had made a FRAND offer to HTC for a license to cellular technologies. 
  • TCL v. Ericsson.  Representing Ericsson involving a dispute over fair, reasonable, and non-discriminatory (FRAND) terms for a license relating to standard essential cellular technologies. 
  • Ericsson v. Apple.  Represented Ericsson in patent infringement and breach of contract litigation with Apple in the ITC and district court relating to standard essential cellular technologies.  The litigation settled favorably prior to an initial determination by the ITC or district court trial.  
  • Allure Energy v. Nest Labs.  Represented Allure Energy in patent infringement litigation involving Allure’s patented proximity detection technology.  The litigation settled favorably days before trial was set to begin. 
  • Schermerhorn et al. v. CenturyLink et al. Defended CenturyLink and several individual executives in a securities fraud mass-action lawsuit involving 64 plaintiffs that brought claims relating to investment in and the subsequent sale of control of a distressed company.  After a three-week trial, the jury returned a take-nothing defense verdict and judgment in favor of CenturyLink.

Past Representative Matters

  • E-Recycling Group, Inc.  Represented E-Recycling in litigation against a joint-venturer involving breaches of contracts.
  • EJF Capital, LLC.  Represented EJF Capital against contract action for breach of Indenture Agreement.
  • Oil Producers Litigation.  Represents more than 80 independent Kansas, Oklahoma and Texas oil producers in lawsuits against various purchasers of crude oil, including Goldman Sachs subsidiary J. Aron & Company and a BP subsidiary arising out of a major midstream energy transporter’s bankruptcy.
  • Creditors Committee for Lockwood Holdings, Inc.  Represented the Creditors Committee during the Lockwood Holdings bankruptcy.  
  • Liquidation Trustee for BearingPoint, Inc.  Represented the BearingPoint Liquidating Trustee in litigation against former officers and directors for breaches of fiduciary duty.
  • Liquidation Trustee for Deep Marine, Inc.  Represented the Deep Marine Liquidating Trustee in litigation against former insiders for breaches of fiduciary duty and receipt of fraudulent transfers.
  • Liquidation Trustee for Gulf Fleet Holdings, Inc.  Represented the Gulf Fleet Liquidating Trustee in litigation against former insiders for breaches of fiduciary duties and receipt of fraudulent transfers.
  • Freddie Mac.  Represented Freddie Mac in litigation related to the bankruptcy of Taylor, Bean & Whitaker Mortgage Corp., which was the largest independent mortgage lender in the United States that collapsed due to fraud in 2009.

Recognition

Rankings & Honors

  • Named a Texas "Rising Star" by Super Lawyers, 2019

Media & Events

Articles

Publications

  • Bankruptcy, Fifth Circuit Survey 2010-2011 (Texas Tech Law Review Spring 2012)
  • Bankruptcy, Fifth Circuit Survey 2011-2012 (Texas Tech Law Review Spring 2013)
  • Bankruptcy, Fifth Circuit Survey 2012-2013 (Texas Tech Law Review Spring 2014)
  • Bankruptcy, Fifth Circuit Survey 2014-2015 (Texas Tech Law Review Spring 2016)
  • Bankruptcy, Fifth Circuit Survey 2015-2016 (Texas Tech Law Review Spring 2017)

Education

J.D., Order of the Coif, Stanford Law School, 2009

  • Stanford Law and Policy Review, Editor
  • Stanford Environmental Law Journal, Editor

B.A., magna cum laude, Economics and History, Trinity University, 2003

Court Admissions

  • State of Texas
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