Benning v. Swish Marketing, Inc., C.A. No. 4785-VCN (Del. Ch.)

Bayard represented Swish Marketing, Inc. (“Swish”) in an action brought by a former director and officer seeking advancement of legal fees and expenses incurred purportedly in defense of an investigation by the Federal Trade Commission. The matter settled favorably for the client prior to trial.

Edgewater Growth Capital Partners, L.P. et al. v. H.I.G. Capital, Inc., C.A. No. 3601-VCS (Del. Ch.)

Bayard represented the plaintiffs in an action brought by a stockholder and creditor against other creditors and the board of directors arising out of the transfer of all or substantially all of the assets of the company. On December 10, 2009, the Court of Chancery denied a motion to dismiss and the case is proceeding to the discovery stage.

In re NTRU Cryptosystems, Inc., C.A. No. 5088-VCL (Del. Ch.)

Utilizing a procedure available under the General Corporation Law of the State of Delaware, Bayard obtained an order permitting a dissolved corporation to distribute its remaining assets without reserving any assets for potential future claimants.

Shandler v. DLJ Merchant Banking, Inc., et al., C.A. No. 4797-VCS (Del. Ch.)

Bayard is representing DLJ Merchant Banking, Inc. and its affiliates (the “DLJ Parties”) in an action brought by a post-confirmation creditor trustee alleging various breaches of fiduciary duty by the DLJ Parties. Briefing on a motion to dismiss is pending.

Lisa, S.A. v. Juan Jose Gutierrez Mayorga, et al., No. 410, 2009 (Del.)

Bayard is representing Lisa, S.A. (“Lisa”) in an appeal to the Delaware Supreme Court of an opinion of the Court of Chancery dismissing Lisa’s claims of, among other things, breach of fiduciary duty and civil conspiracy. Briefing is complete and the parties are awaiting an argument date from the Delaware Supreme Court.

Wavedivision Holdings, LLC, et al. v. Highland Capital Management, L.P., et al., C.A. No. 08C-11-132 (JOH) (Del. Super.)

Bayard is representing Trimaran Capital Partners, LLC, a defendant in an action brought in Superior Court of the State of Delaware arising out of an attempted purchase of Millenium Digital Media Systems, LLC (“Millenium”). The defendants are alleged to have tortiously interfered with plaintiffs’ contract to acquire the assets of Millenium. The case is currently in preliminary motion practice now and will likely proceed to the discovery phase in 2010.