James C. Bailey


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Jim represents both individual and corporate clients in issues arising from the employment relationship. Jim has particular expertise in the litigation strategy associated with prosecuting or defending claims alleging business and employment-related torts as well as claims arising under various anti-discrimination laws such as Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. He has successfully defended and brought claims seeking to enforce restrictive employment covenants and is often consulted for advice regarding the drafting of employee covenants not to compete and the protection of trade secrets.

Before founding B&E, Jim was a senior associate with a large Washington, D.C.-based international law firm. Jim has defended some of the largest and most demanding international technology companies, investment firms, and pension plan fiduciaries, in complex, sometimes multi-continental litigation. Jim leverages his broad exposure to a wide range of sophisticated employee benefits matters in his current practice, prosecuting and defending claims arising under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Before entering private practice, Jim served as a member of the U.S. Navy’s Judge Advocate General’s Corps. As a defense attorney, Jim defended service members at many hard-fought courts-martial and administrative hearings. He also served as a Navy staff attorney, where he advised Navy leadership in the areas of federal labor relations, civilian personnel matters, government ethics, and contracts. After completing his naval service, Jim was an associate for five years at two of the premier international law firms in Washington, D.C.

Jim is a member of the American Bar Association Section of Labor and Employment Law and Litigation.

Recent/Upcoming Speaking Engagements

  • Moderator: “How Can We Improve Retirement Savings?” 2013 ABA Joint Committee on Employee Benefits Government Invitational”, March 21, 2013
  • Moderator: “Rules Governing Employee Benefits: What Is Working and What Can Be Done to Improve the System?” ABA Joint Committee on Employee Benefits, Government Invitational, March 29, 2012.
  • Moderated panel on “Defined Contribution Plan Focus: Lifetime Income Options, Safe Harbor, Nondiscrimination Rules, Fee Disclosures to Participants, Investment Advice Rules”.
  • Faculty/Moderator: “Unemployment Insurance 101: Assessing and Responding to U.I. Benefits in the District of Columbia.” Lorman Education Services, March 22, 2012.


Jim is a graduate of the University of Scranton, and received his law degree with honors from Quinnipiac College School of Law, where he served as the editor-in-chief of the law review. He also holds a Masters in Law (LL.M.) in Labor and Employment Law, with distinction, from Georgetown University Law Center.

Bar and Court Admissions

  • Pennsylvania
  • New Jersey
  • District of Columbia
  • Supreme Court of the United States
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Armed Forces Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Western District of Pennsylvania
  • United States District Court for the Central District of Illinois


An active writer and speaker, Jim often speaks at various bar and industry functions and writes for various bar journals, newsletters, and law reviews.

Contact Information

James C. Bailey
5335 Wisconsin Ave NW
Suite 440
Washington, D.C. 20015
Phone: (202) 331-1331
Fax: (202) 318-7071
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  • Location

    Main Office:
    5335 Wisconsin Ave NW
    Suite 440
    Washington, D.C. 20015
    T: (202) 331-1331
    F: (202) 318-7071

    Pennsylvania Office:
    120 North Church Street
    Suite 109
    West Chester, PA 19380
    T: (484) 605-1146
    F: (484) 631-1610