Courtney L. Baird is a trial lawyer who advises and represents companies in a range of legal matters, including unfair competition, false advertising and consumer protection claims, contract disputes, banking, corporate and partnership governance, franchise disputes, and other complex litigation matters. Ms. Baird also has significant experience in the higher education sector. Her representation of schools includes a broad range of areas such as student and employee counseling and litigation, accreditation, regulatory and administrative counseling, and advocacy, and applicable federal and state laws, regulations and accreditation standards. She has extensive experience in defending class actions and is a member of Duane Morris' California team of lawyers who focus on class actions. Her strategic procedural approach and substantive experience, along with her ability to effectively and efficiently manage cases, has led to her representation of companies across the United States and internationally.

Ms. Baird has been recognized as one of San Diego's Young Influential 2013 and one of the Best Young Attorneys in San Diego County, and was recently appointed to the Board of Governors for the Association of Business Trial Lawyers. She is licensed to practice in California and Nevada. She represents clients in all forums, including federal and state courts and arbitration. She has been involved in hundreds of arbitrations before the American Arbitration Association and JAMS and represents and counsels businesses as to formation and enforceability of arbitration agreements in consumer, commercial and employment matters.

Ms. Baird graduated from the University of San Diego School of Law with Honors. While in law school, she received the Best Oral and Written Advocate Combined Award, served as an editor of the San Diego International Law Journal and participated in legal clinics in which she provided free legal services to San Diego residents in need. She was also appointed and served as an Academic Support Leader in the area of Federal Civil Procedure, during which she instructed weekly classes on Federal Civil Procedure. Prior to law school, Ms. Baird worked for the San Diego County District Attorney's office.

Ms. Baird is active in several community organizations, including Lawyers Club of San Diego, American Inns of Court, Association of Business Trial Lawyers and the San Diego County Bar Association, and serves as a judge for the University of San Diego Law School's Mock Trial Competitions.

Representative Matters

• Successfully represented an international franchisor in a franchise termination lawsuit in California federal district court against former franchisees alleging RICO, fraud, breach of contract, unfair competition, trademark infringement and other claims.
• Obtained on behalf of a theme park a dismissal with prejudice of a suit alleging violations of the Song-Beverly Credit Card Act, which prohibits the collection of personal information from credit card customers.
• Lead counsel in defending Fortune 200 company in a lawsuit in federal court involving claims for violations of the Fair Debt Collection Practices Act, the Rosenthal Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the California Consumer Credit Reporting Agencies Act. Obtained dismissal and judgment in company's favor through a motion to dismiss and successfully opposed plaintiffs' motion for relief from the judgment.
• Defended private company in a class action filed in state court with 13 named plaintiffs and a putative class of over 500 individuals. The plaintiffs asserted claims against the company for fraud, unfair business practices, violation of California's Consumer Legal Remedies Act and breach of contract. Ms. Baird successfully compelled the case to arbitration. In arbitration, she obtained a denial of the plaintiffs' class certification by demonstrating that individual issues predominated over common issues and that the class mechanism was not superior to individual claims. After class certification was denied the plaintiffs filed a motion to vacate and a motion for reconsideration in state court. Ms. Baird successfully opposed both motions on behalf of the company. Thereafter, the remaining plaintiffs pursued their individual claims in arbitration. Ms. Baird prevailed on a dispositive motion to dismiss a substantial portion of the plaintiffs' causes of action and a former employer of the company who had been named as a defendant. Ms. Baird effectively negotiated a settlement on terms that the company found favorable.
• Represented college in wage and hour class action filed in state court which was compelled to arbitration. On behalf of the college, Ms. Baird obtained a determination from the arbitrator that the case could not proceed as a class action.
• Defended private post-secondary institution against allegations of fraud, negligence and violations of the Consumer Legal Remedies Act and Unfair Competition Law. The case was filed in state court and involved over 30 plaintiffs. On behalf of the institution, Ms. Baird prevailed on motion to compel arbitration and successfully opposed plaintiffs' writ. Thereafter, she managed over 30 individual consumer arbitrations before the American Arbitration Association and obtained favorable results for the institution.
• Defended business in five separate consumer arbitration proceedings involving consumer protection law issues. Obtained defense verdicts in each of the five cases.
• Lead counsel for national bank in federal court in case involving claims against the bank for violations of the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act and negligence. Through an indemnity agreement and dispositive motion, Ms. Baird achieved a result that the bank found favorable.
• Represented international manufacturing company in a complex business dispute in state court regarding purchase of assets and formation and governance of company. The matter involved claims of breach of contract, breach of fiduciary duties, misrepresentation and self-dealing. Obtained result that the company found favorable.
• Defended company in class action involving allegations of unfair business practices and consumer legal remedies action violations. Ms. Baird obtained an award for the company finding that the case could not proceed on a class basis.
• Represented the world's largest producer of standard welding equipment in complex products liability and toxic tort litigation involving allegations of negligence, strict liability, failure to warn, design defect and fraudulent concealment. Obtained settlement that client found favorable and dismissal of action with prejudice through the filing of a motion for summary judgment on the issue of general causation.
• Represented scientific clinical-development services corporation in action arising out of clinical drug trials involving causes of action for breach of contract, common counts, unjust enrichment and conversion. Negotiated a dismissal and settlement that client found favorable.
• Defended healthcare organization in federal court action brought by former employee alleging wrongful termination. Obtained dismissal of the action through a motion to dismiss by demonstrating that the plaintiff's claims were barred by the statute of limitations.
• Represented corporation in complex shareholders' dispute action in federal court involving claims and counterclaims for breach of contract, breach of fiduciary duty, securities fraud and fraud. Negotiated settlement that client found favorable and dismissal of the action.
• Represented one of the largest general contractors and construction managers in the U.S. in a complex construction defect dispute involving construction of a luxury hotel. Through a motion for summary judgment, Ms. Baird negotiated a multimillion-dollar settlement that the client found favorable.
• Represented business in arbitration involving issue of a general release. Through a dispositive motion, Ms. Baird obtained a judgment in her client's favor.

Admissions

• California
• Nevada
• U.S. District Court for the Northern District of California
• U.S. District Court for the Central District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Southern District of California

Education

• University of San Diego School of Law, J.D., with Honors, 2004
• San Diego State University, B.A., with Distinctions, 2000

Other Experience

• Duane Morris LLP
  - Associate, 2006-present
• Cozen O'Connor
  - Associate, 2004-2006

Professional Activities

• American Inns of Court
• American Bar Association
• San Diego County Bar Association
• Association of Business Trial Lawyers
• Lawyers Club of San Diego
  - Member of the Community Outreach Committee
• Athena

Honors / Awards

• Honored as one of San Diego's Young Influential 2013, which recognizes San Diego County’s young successful business leaders

Publications

• Co-author, "Class Action Waivers Declared Enforceable by the U.S. Supreme Court," Duane Morris Alert, April 29, 2011