Corporate & Commercial Litigation
Overview
"It’s pretty remarkable what they are able to do. They can litigate against firms of any size and be successful."
"It’s pretty remarkable what they are able to do. They can litigate against firms of any size and be successful."
– Chambers USA 2016
Bayard’s business litigation group practices extensively in the Delaware Court of Chancery, the foremost state court venue in the nation for corporate and commercial disputes, as well as in the Complex Commercial Litigation Division of the Superior Court and other state and federal courts. Our business litigation lawyers are widely respected for their comprehensive knowledge of the law pertaining to business disputes of every nature.
Bayard has a long history of successfully litigating issues involving corporate governance, stockholder rights, class actions and derivative suits, alternative entity disputes, fiduciary duties, contests for control of boards of directors, mergers and acquisitions, entity dissolution, trade secrets, access to corporate books and records, e-discovery, deceptive trade practices, and more. Our business litigation lawyers partner seamlessly with both clients and other law firms who are seeking Delaware counsel with a mastery of the substantive and procedural law applying to complex corporate issues in one of the nation’s preeminent business-centered jurisdictions.
Our corporate and commercial litigation team’s broad range of expertise and efficient size enables each case to be handled by attorneys with comprehensive command of the relevant legal strategies. Bayard’s objective is to achieve the client’s goal with minimal litigation when possible. But few firms are as well positioned to successfully represent the client’s interests when litigation is necessary.
Whether collaborating as Delaware counsel with another firm representing a national or multinational corporation or performing as lead counsel for a small business owner seeking a business divorce, Bayard has the agility and experience to realize our clients’ desired results.
Bayard has a long history of successfully litigating issues involving corporate governance, stockholder rights, class actions and derivative suits, alternative entity disputes, fiduciary duties, contests for control of boards of directors, mergers and acquisitions, entity dissolution, trade secrets, access to corporate books and records, e-discovery, deceptive trade practices, and more. Our business litigation lawyers partner seamlessly with both clients and other law firms who are seeking Delaware counsel with a mastery of the substantive and procedural law applying to complex corporate issues in one of the nation’s preeminent business-centered jurisdictions.
Our corporate and commercial litigation team’s broad range of expertise and efficient size enables each case to be handled by attorneys with comprehensive command of the relevant legal strategies. Bayard’s objective is to achieve the client’s goal with minimal litigation when possible. But few firms are as well positioned to successfully represent the client’s interests when litigation is necessary.
Whether collaborating as Delaware counsel with another firm representing a national or multinational corporation or performing as lead counsel for a small business owner seeking a business divorce, Bayard has the agility and experience to realize our clients’ desired results.
Team
Experience
Represented former directors and officers of multi-entity organization in request for advancement and indemnification of fees and expenses incurred in defending action brought by owner of organization.
Obtained judgment in excess of $10 million favor of former executive in Fortune 100 company in breach of fiduciary duty and breach of LLC agreement case in AAA arbitration under the procedures for large, complex commercial disputes.*
Represented owners of large city newspaper in dissolution dispute with other owners.
Represented international credit card payment processer in litigation arising from separation from joint venture partner.
Represented directors and shareholders of oil and gas service industry corporation in breach of fiduciary duty action by stockholder challenging defensive measures.*
Represented director in successfully obtaining, post-trial, books and records wrongfully withheld from him by the company he founded.
Represented the special litigation committee of a publicly-traded company investigating derivative claims stemming from a merger.
Defended publicly-traded pharmaceutical company in action brought by representative of acquired company claiming right to post-closing earn-out.
Successfully moved to dismiss action in Delaware Court of Chancery challenging legality of client corporation’s amended bylaws governing elections of directors.
Successfully defeated motion to dismiss claims in Delaware Superior Court’s Complex Commercial Litigation Division alleging that client’s former employer fraudulently repurchased equity compensation for less than fair value.
Obtained judgment in excess of $10 million favor of former executive in Fortune 100 company in breach of fiduciary duty and breach of LLC agreement case in AAA arbitration under the procedures for large, complex commercial disputes.*
Represented owners of large city newspaper in dissolution dispute with other owners.
Represented international credit card payment processer in litigation arising from separation from joint venture partner.
Represented directors and shareholders of oil and gas service industry corporation in breach of fiduciary duty action by stockholder challenging defensive measures.*
Represented director in successfully obtaining, post-trial, books and records wrongfully withheld from him by the company he founded.
Represented the special litigation committee of a publicly-traded company investigating derivative claims stemming from a merger.
Defended publicly-traded pharmaceutical company in action brought by representative of acquired company claiming right to post-closing earn-out.
Successfully moved to dismiss action in Delaware Court of Chancery challenging legality of client corporation’s amended bylaws governing elections of directors.
Successfully defeated motion to dismiss claims in Delaware Superior Court’s Complex Commercial Litigation Division alleging that client’s former employer fraudulently repurchased equity compensation for less than fair value.
*Litigated by Bayard attorneys while at other firms.
Insights
Delaware Court of Chancery Enforces Implied Covenant of Good Faith and Fair Dealing
- Legal Updates
LEGAL UPDATES
Chancery Court Clarifies Scope of Advanced Waiver of Right to Sue for Breach of Fiduciary Duty
- Legal Updates
LEGAL UPDATES
Court of Chancery Declines to Enjoin Advance Notice Bylaw in Sternlicht v. Hernandez
- Legal Updates
LEGAL UPDATES
Delaware Supreme Court Issues Order for CCLD Cross-Designation in the Court of Chancery
- Legal Updates
LEGAL UPDATES
Failure to Make Capital Contribution Does Not Necessarily Result in Reduction of Interest in LLC or LP
- Publications
PUBLICATIONS
Inadvertently Waiving Right to Seek Judicial Dissolution of LLC: It is Easier to do than You Think
- Publications
PUBLICATIONS
News