Christopher Bakes is widely recognized for the breadth and depth of his practice, the high profile of his cases, matters and transactions, and the results he has obtained in a range of industries. As a trial attorney, Chris has represented several of the largest companies in the world, doing so in courts across California and the United States. He has litigated information technology and intellectual property disputes, research and development contracts, major construction and real estate development projects, government contracts and contracting, and actions involving significant federal and state statutes. Chris has litigated multiple matters of first impression in both state and federal courts.
Outside of the courtroom, Chris has participated in a range of transactions, including major international, state, and local construction and real estate projects. From the Eurotunnel to local big-box retail construction, Chris has advised on projects of all sizes and types, in both the public and private sector. Additionally, Chris is a valued advisor in a range of industries, frequently tasked by clients with building legal teams and defining legal needs across a range of practice areas.
Chris is a frequent radio talk show guest in San Francisco, Sacramento, Los Angeles, and Seattle on issues ranging from constitutional law to major sports facility development, and has been interviewed and quoted by numerous publications, including the San Francisco Chronicle, The Sacramento Bee, The Recorder, San Francisco Business Journal, Sacramento Business Journal, Comstock’s Business Magazine, and Prosper Magazine.
Education
- Naval Justice School, United States Navy, 1982
- J.D., University of San Francisco School of Law, 1981
- B.A., Economics, University of San Francisco, 1978
Bar Admissions
- California, 1981
- New York
- District of Columbia
- U.S. Supreme Court
Admitted To Practice
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Northern District of California
Representative Experience
Current
- Representation of start-up company in action brought by craigslist: Co-counsel in action defending 3taps, Inc., in federal lawsuit brought by craigslist, alleging various copyright and trademark allegations, along with affirmative claims by 3taps alleging antitrust violations by craigslist.
- Representation of homeowners' association on matter of first impression: In a case worth approximately $95 million, Chris led a trial team in a successful effort to apply new statute Civil Code section 1098 et seq. to a fee assessed by an original developer against 570 homeowners, members of one of the largest homeowners associations in California. The case was a matter of first impression involving section 1098 et seq., a statute that forbids collection of certain fees unless explicit requirements are met. The case also involved lease and contract questions, also resolved in the association’s favor. The Court issued its statement of decision in November 2011.
Real Estate, Construction and Land Use
- Sacramento and Bay Area, California: Represented developers, contractors and owners in multiple retail (including “big box”), office, residential, and warehouse projects in the cities of Elk Grove, Fairfield, Folsom, Napa, San Francisco, San Jose, Santa Clara, and Sonoma, California, including parcel aggregation, zoning, environmental remediation, and construction contracting. One unique project involved specialized warehousing for Lucasfilm, requiring elaborate climate control specifications for the safe storage of valuable film props, costumes, and sets.
- Carteret, New Jersey: Represented owner/developer in zoning and related approvals for development of one million square foot warehouse adjacent to New Jersey Turnpike, including environmental remediation and compliance, negotiation and management of construction contracts, and, on project conclusion, construction defect management, pre-litigation, and continued environmental compliance. Represented developers in similar projects in the states of Maryland, Nevada, Arizona.
- Perth Amboy, New Jersey: Represented developer in all contracting to redevelop a 176-acre tract in the city of Perth Amboy. This was a unique project involving set-asides for artists, remediation of acute environmental damage, and transformation of an industrial waterfront into park, entertainment, retail, and residential spaces.
- Ontario, California: Represented developer in zoning and related approvals, parcel aggregation, easement negotiation and contracting, tenant leasing, and construction management and litigation avoidance, on multi-use “impact” project, consisting of 1 million square feet of office, retail and warehouse space, and over 1000 residential units. Represented owners and developers in similar projects throughout the state of California, as well as in the states of Arizona, Washington, Oregon, Texas, Illinois, and Nevada.
- AT&T Park, San Francisco: As political appointee, chaired the municipal board overseeing pre-planning, planning and first-stage development of the Giants’ waterfront ballpark.
- Regulatory compliance, California: In a sequence of separate matters involving unusual questions of California contractor licensing law, Chris developed a quick-response team of Locke Lord litigation and regulatory attorneys to assist clients. In very distinct matters, Chris and team devised compliance strategies, advised in crisis situations and provided advice in construction projects both major and minor.
- Represented international construction and engineering companies, United Kingdom and France: During construction of the Eurotunnel, Chris was tasked with assessing all rights and remedies available in connection with significant and dramatic tunnel construction delays. Relevant contract documents were several hundred pages long. Client and peers praised Chris for his swift interpretation of unusually complex documents and terms. In another case, Chris defended a national construction company against a competitor’s federal bid protest.
- Represented national construction company, San Francisco, California: In connection with a client’s bid on construction of a federal correctional facility, Chris brought an action for relief from the client’s submitted estimate, on proof that a good faith calculation error had been made. Chris’s presentation also ensured that the bidder did not lose the award of the construction contract.
- Represented clients and jurisdictions in multiple construction and land-use matters: As indicated, Chris has managed and advised on multiple matters relating to alleged construction defects, eminent domain, environmental clean-ups, easements, and zoning classifications and re-classifications, in multiple states across the United States. In his work as Chair of the San Francisco Ballpark Advisory Committee, Chris and the committee devised multiple new land use and political strategies now common in stadium planning and development.
Government Contracts and Contracting
- Represented defense contractor against suit by competitor, California and Massachusetts: In litigation between federal contracting competitors, Chris co-chaired the litigation team representing the defendant company alleged to have misused trade secrets in the bid process.
- Represented general contractor in change order dispute involving major state correctional facility, Alameda County, California: Chris represented a general contractor in a change order dispute that arose post-completion after a structural failure.
- Represented general contractor in bid correction action involving a military confinement facility, San Francisco, California: Chris represented the prevailing bidder in a bid-correction action, obtaining for the client a six-figure correction upward, against other bidders’ contentions that the error was deliberate.
- Represented major bidder in all pre-bid processes associated with construction of major toll roads, Harris County, Texas (similar matter, San Francisco, California): Chris advised a significant multi-national company as sole bidder on a $20 million contract for the fabrication and delivery of hardware and software necessary for toll collection.
- Represented various contractors and other government contracting participants in pre-bid and bid-associated processes and litigation in various California jurisdictions: Chris advised numerous entities in their navigation of various jurisdictions’ bid processes throughout California.
Arts, Entertainment and Sports
- Leadership in Arts, Entertainment and Sports: Chris advises industry leaders in these sectors on matters ranging from trends and developments to market position and product placement. Chris also directs initiatives aimed at making strategic introductions within and across industry sectors.
- Innovation in stadium planning: As a political appointee, Chris chaired the San Francisco Ballpark Advisory Committee, members of which played multiple key roles in the City of San Francisco's eventually successful effort to resist the 1992 proposed sale and relocation of the San Francisco Giants. Strategies now common in stadium development originated in this long process.
- A New Ballpark for San Francisco: On an emergency basis, Chris led a team tasked by the Mayor of San Francisco to prepare the City's main lobbying document opposing the sale and relocation of the Giants. As a direct result of this work, the City's key lobbying document, titled A New Ballpark for San Francisco, was timely presented by the City to the Major League Baseball owners in opposition to the sale. Based on the City’s dedicated efforts and the enthusiasm of new Giants ownership, the owners rejected the sale.
- Representation in sports and entertainment: Chris represents clients in a range of sports and entertainment matters, involving contract disputes, intellectual property rights, and image and likeness claims.
Intellectual Property and Information Technology
- Represented Fortune 500 computer hardware company: As lead counsel in a jury trial (Santa Clara County), Chris defended this client in a software ownership dispute. Chris was retained on an "emergency" basis just five weeks before trial.
- Represented Fortune 500 computer hardware company: As lead counsel in an arbitration, Chris defended this client in a digital camera research and development action brought by Thomson Consumer Electronics in which Thomson claimed damages of $27 million. Chris advocated an interpretation of the parties' contract that limited damages to $750,000.
- Represented world-wide software engineering and sales leader: As lead counsel for one of the ten largest software companies in the world, Chris prosecuted an action against a printer manufacturer found to have violated its software license. Chris argued that the manufacturer's bankruptcy filing was fraudulent and that the original and resulting companies were one and the same.
Constitutional and Military Law
- Represented a highly decorated naval officer: Chris led a multi-firm team of attorneys challenging Title 10, United States Code section 654, the so-called "Don't Ask, Don't Tell" policy. Chris's work included a petition for writ of certiorari to the United States Supreme Court. Chris is one of a very few former active duty JAG officers to undertake such representation.
- Represented officers and enlisted personnel in courts-martial: While an active duty Navy JAG officer, Chris represented a number of decorated service members on criminal charges ranging from unlawful disclosures of confidential information in government contracting to reckless endangerment in flight, achieving multiple acquittals before military juries.
Publications & Presentations
- Author, “The Community Association Manager’s Pivotal Role in a Lawsuit,” The Law Journal (Winter 2012)
- Co-author, "Documentary Evidence - Organization and Presentation" chapter, West/Reuters Business Torts (2010)
- Author, "Expert Witnesses and Consultants" chapter, West/Reuters Business Torts (2010)
Professional History
Professional Affiliations & Achievements
- Member, Los Angeles County Bar Association
- Member, Sacramento County Bar Association
- Member, Bar Association of San Francisco
Admitted pro hac vice in the Court of Appeals for the Second Circuit, the Western District of Washington, the District of Connecticut, the District of Nevada, and state courts in Washington and New Jersey.
Community Leadership
As a Sacramento native and sixth-generation Californian, Chris is dedicated to community service, taking his inspiration from the Sisters of Charity (BVM) and Jesuits who taught and influenced him through elementary school, high school, college and law school.
- Chris helped found and formerly chaired the Board of Directors for Cristo Rey High School Sacramento, a college preparatory school for underserved populations.
- Chris founded and formerly served on the board for The Academy of All Hallows, a full symphony orchestra dedicated to presenting great performance art in underserved urban venues.
- In the Silicon Valley, Chris co-founded a tutoring program that annually sends more than 25 attorneys into the community to tutor elementary age school children in East Palo Alto.
- Chris served on the East Palo Alto Boys and Girls Club Board of Directors.
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