General Educational and Professional Background

Mr. Baxter joined Wilke Fleury in September of 1999, and has been a partner since January of 2007.  A Sacramento native, Mr. Baxter attended Del Campo High School and American River College before transferring to the University of North Carolina at Chapel Hill.  There, Mr. Baxter graduated with distinction in 1996 with a B.A. in History, having been selected for the Dean's List in each semester of college. Mr. Baxter obtained his Juris Doctorate in 1999 from the University of California, Los Angeles School of Law. In law school, Mr. Baxter was one of 12 individuals selected as a Moot Court Distinguished Advocate (out of approximately 100-150 moot court participants).  Also during law school, Mr. Baxter clerked with the civil law and motion departments (Depts. 53 and 54) of the Sacramento County Superior Court, where he received valuable experience in legal research and writing.

Areas of Emphasis

Mr. Baxter's practice focuses primarily on business litigation and civil writs and appeals.  During his tenure with Wilke Fleury, Mr. Baxter has served as lead and backup trial counsel before state and federal courts, as well as in binding arbitrations.  He has also briefed and argued before California and federal courts of appeal on behalf of both parties and amici curiae.  Mr. Baxter additionally provides general counsel to an assortment of clients ranging from non-profit organizations to small businesses to publicly-traded corporations, and has represented both management and unions in connection with labor negotiations and disputes.  He has also appeared before state and local legislative and administrative bodies in support of client-sponsored legislative and regulatory enactments.

Recently, Mr. Baxter and colleague Tom Redmon successfully represented a Rocklin, California wood products company in a suit seeking damages arising from a faulty power generation system purchased from a Pennsylvania manufacturer.  After a six week trial, the jury issued a $6 million verdict. (Pacific MDF Products, Inc. v. Advanced Recycling Equipment, Inc. et al. [E.D. Cal. Case No. 2:05-CV-0642 LKK JFM])

Mr. Baxter has had a number of reported appellate decisions, including New Cingular Wireless Servs. v. McCormick, 2008 U.S. Dist. LEXIS 81775 (unpublished); Garlock Sealing Technologies, LLC v. NAK Sealing Technologies Corp., 148 Cal.App.4th 937 (2007); Excelsior College v. Board of Registered Nursing, 136 Cal.App.4th 1218 (2006); DeFazio v. Hollister Employee Share Ownership Trust, 406 F.Supp. 1085 (E.D. Cal. 2005); Clark v. United Emergency Animal Clinic, Inc., 390 F.3d 1124 (9th Cir. 2004); Clark v. United Emergency Animal Clinic, Inc., 2004 U.S. App. LEXIS 25049 (unpublished); Ng & Tropeano v. Choi, 2003 Cal.App. Unpub. LEXIS 9254 (unpublished); Small v. Fritz Companies, Inc., 30 Cal.4th 167 (2003); Miller v. Santa Clara County Library, 2001 U.S.App. LEXIS 26639 (unpublished).

Mr. Baxter also has written extensively. His publications include:

• “All Bark and May Bite,” California Veterinarian , Vol. 56, No. 4 (July/August 2002)
• “Avoiding the Bite of Liability,” California Veterinarian , Vol. 56, No. 5 (September/October 2002)
• “You’ve Been Subpoenaed – Now What?,” California Veterinarian, Vol. 56, No. 6 (November/December 2002)
• “Duty to Warn: Related Issues,” California Veterinarian , Vol. 57, No. 1 (January/February 2003) (with Jay O’Brien)
• “Employment Agreements,” California Veterinarian , Vol. 57, No. 3 (May/June 2003)
• Mr. Baxter has written numerous publications for Wilke Fleury’s Labor and Employment Newsletter (accessible on this website under “Articles”).

Mr. Baxter also serves as Wilke Fleury’s hiring partner, and oversees the firm’s hiring of summer clerks and new associates.

Professional/Business/Civic Affiliations

• Featured Speaker at Federation of Associations of Regulatory Boards Convention, “Local Control:  Practice Act Preemption,” October 4, 2008
• Commissioner of Sacramento County Barristers Softball League
• Local Board Member, United States Selective Service Board
• Judge Pro Tem, Sacramento County Superior Court, Small Claims Division
• Phi Beta Kappa National Honor Society
• Golden Key National Honor Society
• Former Member, Milton L. Schwartz American Inn of Court

Professional Licenses

Mr. Baxter is admitted to practice before the courts of the State of California, the United States District Courts for the Eastern and Central Districts of California, and the United States Court of Appeals for the Ninth Circuit.

Personal

Mr. Baxter lives in West Sacramento with his wife, Toni.  In his spare time, Mr. Baxter enjoys hiking, traveling, working out, and playing cards.