Christopher L. Hayes

Associate
Washington, DC

t: 202 274 1108
f: 202 237 6131

chayes@bsfllp.com

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Areas of Practice

Litigation

Antitrust

Class Actions

Education

Duke University School of Law, J.D., magna cum laude, 2002; Order of the Coif; Faculty Award for Achievement in Property Law

Pomona College, B.A., cum laude, Philosophy, 1992; W.T. Jones Philosophy Prize

Clerkships

Hon. Frank Magill, United States Court of Appeals for the Eighth Circuit, 2003-2004

Hon. James Brady, United States District Court for the Middle District of Louisiana, 2002-2003

Admissions

California and the District of Columbia

United States Courts of Appeals: Sixth and Eighth Circuits

United States District Courts: District of Columbia

United States Supreme Court

Chris Hayes joined the firm in 2004, after completing a clerkship on the United States Court of Appeals for the Eighth Circuit.

Mr. Hayes's practice focuses on trial and appellate civil litigation, especially antitrust litigation, consumer class actions, intellectual property litigation and other complex business disputes. He has successfully represented both plaintiffs and defendants at all stages of trial litigation, as well as on appeal.

Representative Engagements:

Molecular Diagnostics Laboratories v. Hoffmann-La Roche Inc., et al. (D.D.C.)
Represents a class of direct purchasers seeking damages for monopoly overcharges paid for Taq DNA polymerase, an enzyme of central importance to genetic research and diagnostics using the polymerase chain reaction (PCR). The class will show defendants were able to charge supracompetitive prices as a result of the improper procurement and enforcement of a patent for Taq DNA polymerase. Mr. Hayes helped obtain a decision holding direct purchasers have antitrust standing to sue companies who use patents to create and maintain illegal monopolies. See 402 F. Supp. 2d 276 (D.D.C. 2005). Mr. Hayes also helped obtain class certification and conduct fact and expert discovery. Trial is expected to occur in late 2008.
UBS Securities LLC v. The Finish Line, Inc. and Genesco Inc. (S.D.N.Y.)
Represents Genesco in defending against an attempt by UBS to avoid funding a merger of the Finish Line and Genesco. UBS seeks a declaration that it need not fulfill its contractual obligation to fund on the alleged basis that the companies would be insolvent, if combined. Trial is set in the Southern District of New York for early 2008.
Genesco Inc. v. The Finish Line, et al. (Tenn. Chancery Ct.)
Represented Genesco in its lawsuit against the Finish Line and UBS seeking to enforce the Finish Line's agreement to acquire Genesco. Defendants sought to be released from their obligations on the grounds that Genesco had suffered a "Material Adverse Event" and fraudulently induced defendants to agree to the merger. Mr. Hayes was on the trial team that defeated defendants' efforts and obtained an order of specific performance of the merger agreement.
District of Columbia v. Heller (U.S. Supreme Court)
Represented pro bono members of Congress as amici curiae, supporting reversal of the court of appeals' order that invalidated the District of Columbia's gun regulations on Second Amendment grounds.
D.C. Long-Term Care Ombudsman Program v. District of Columbia (D.C. Sup. Ct.)
Represented pro bono the D.C. Obudsman in a mandamus action to force the District of Columbia to license and regulate local Assisted Living Residences, as required by local statute. Obtained a consent order under which the District agreed to accept and evaluate licenses within 30 days. The first Assisted Living Residence licenses have since issued.
Other Engagements
Represented a Fortune 500 manufacturer in challenges to a wholesale discount promotional program brought under the Sherman Act and the Robinson-Patman Act. Mr. Hayes helped draft successful briefs for summary judgment, and successfully defended that judgment on appeal to the Sixth Circuit and against a petition for certiorari in the U.S. Supreme Court. Mr. Hayes also drafted an appellate brief in the Sixth Circuit successfully defending dismissal of an attempted monopolization claim brought by a competing manufacturer.

Represented a Fortune 500 manufacturer in a challenge to a retail price promotion program against price discrimination and contract claims brought by a national retailer, and obtained a favorable settlement.