Bailey, J. Michael

Lawyer Overview

Mike Bailey is a shareholder and a member of the firm’s litigation department. He concentrates his practice on general commercial litigation, including litigation regarding complex commercial contracts. He also focuses on consulting with companies on best corporate practices, which includes drafting, reviewing and interpreting a broad range of contracts and advising on management of litigation risk. Mr. Bailey served from 1986 to 1987 as a law clerk to Judge Melvyn T. Shelley of the Arizona Court of Appeals in Phoenix, Arizona. Since joining Parsons Behle & Latimer in 1987, Mr. Bailey has had significant experience in litigation before federal and state courts. He has tried cases before the District Courts of the United States and State of Utah and has argued cases before the Tenth Circuit Court of Appeals and the Utah Supreme Court. He was lead counsel in Sterlin v. Biomune, a leading case in the Tenth Circuit and the United States District Court on the application of the statute of limitations to securities actions. He has also had significant administrative law experience before various state and federal agencies.

Mr. Bailey has served as a member of the firm's Board of Directors and as chair of the firm's Hiring Committee. He is a member of the Order of the Barristers, American Inn of Court VII and the Utah State, Arizona State and American Bar Associations.

Related Activities and Skills:

• Instructor, Election Law & Politics, Brigham Young University Law School
• American Bar Association, Litigation Section and Environmental Section
• American Inns of Court VII
• Order of the Barristers
• Former Chair, Utah Bar Foundation Board of Trustees

Areas of Practice

• Litigation & Appeals
• Natural Resources Law
• Political & Governmental Law
• Real Estate Law
• Climate Law
• Environmental Appeals & Litigation
• Insurance Coverage
• Underground Storage Tank Litigation
• Commercial Litigation
• Products Liability Litigation
• Insurance Coverage Litigation
• Mining & Mineral Processing Law
• Oil & Gas
• Personal Injury Litigation
• Resort & Golf Course Development
• State Government & Lobbying

Representative Cases

• McConnell v. FEC, 540 US 93 (2003)
• Sterlin v. Biomune Systems, Inc., 114 F.Supp.2d 1163 (D.Utah 2000)
• Utah v. U.S. Dept. of the Interior, 210 F.3d 1193 (10th Cir. 2000)
• Utah v. U.S. Dept. of the Interior, 45 F.Supp.2d 1279 (D.Utah 1999)
• Walker Drug Co., Inc. v. LaSal Oil Co., 972 P.2d 1238 (Utah 1998)
• Sterlin v. Biomune Systems, Inc., 154 F.3d 1191 (10th Cir. 1998)
• Sterlin v. Biomune Systems, Inc., 960 F.Supp. 1531 (D.Utah 1997)
• Walker Drug Co., Inc. v. LaSal Oil Co., 902 P.2d 1229 (Utah 1995)
• Montrone v. Valley Bank and Trust Co., 875 P.2d 557 (Utah App. 1994)
• FMC Corp. v. Aero Industries, Inc., 998 F.2d 842 (10th Cir. 1993)
• Loosli v. Kennecott Copper Corp., 849 P.2d 624 (Utah App. 1993)

West Practice Categories

Litigation & Appeals, Natural Resources Law, Election Campaign & Political Law, Government Agencies & Programs, State, Local & Municipal Law, Real Estate Law

Bar Admissions

• U.S. Supreme Court, 2003
• U.S. Court of Appeals 10th Circuit, 1990
• U.S. District Court District of Arizona, 1988
• Arizona, 1988
• U.S. District Court District of Utah, 1987
• Utah, 1987

Honors and Awards

• Firestone Scholar
• Order of the Barristers
• Law Clerk to Judge Melvyn T. Shelley, Arizona Court of Appeals

Classes and Seminars

• Panel Moderator: "The Impact of Government on Business," Association for Corporate Growth Utah "Intermountain Growth Conference & ACG Capital Connection", Salt Lake City, March 11, 2011
• "Risk Sharing and Creative Deal Structures," presentation given to the Center for Creative Land Recycling, Los Angeles, September 20, 2007
• "Managing Environmental Risk," presentation given to the Utah chapter of the National Association of Industrial and Office Properties, Salt Lake City, February 26, 2003
• "Using Environmental Insurance to Manage Development Risks," presentation given to the Real Estate Section of the Utah State Bar, Salt Lake City, October 16, 2002
• "Not in My Backyard: Litigation Over Nuclear Disposal on Indian Land," presentation given at the State and Local Government Conference, hosted by Brigham Young University, Provo, Utah, March 22, 2002
• "You Want to Build What? Where?: Using Environmental Insurance to Manage Cleanup and Development Risks," 47th Annual Rocky Mountain Mineral Law Institute, Santa Fe, New Mexico, July 21, 2001
• "Development of Environmentally Impaired Property," presentation given at Utah State Bar Annual Meeting, Coronado, California, July 13, 2000
• "There Ought to be a Law: Federal Election Law Reform for the Future," presentation given at Federalist Society, Salt Lake City, March 19, 1997
• "The Use of Expert Witnesses in Environmental Litigation," presentation given at Utah Geological Association, Salt Lake City, September 22, 1995

Education

• Brigham Young University, J. Reuben Clark Law School, Provo, Utah, 1986
  J.D. degree
• University of Santa Clara, 1983
  B.S. degree

Published Works

• You Want to Build What? Where?: Using Environmental Insurance to Manage Cleanup and Development Risks, Rocky Mountain Mineral Law Institute, 2001

Address

201 South Main Street
Suite 1800
Salt Lake City, UT 84111-2218

Phones

801-532-1234

Faxes

801-536-6111

Emails

Contact Us

Websites

http://www.parsonsbehlelaw.com (http://www.parsonsbehle.com)