Category Archives: News

Sarah T. Andrade - Commercial Litigation and Court of Chancery Litigation Attorney at Bayard, P.A.

Bayard Welcomes Sarah Andrade to the Firm’s Litigation Group

Sarah T. Andrade - Commercial Litigation and Court of Chancery Litigation Attorney at Bayard, P.A.

Sarah T. Andrade – Commercial Litigation and Court of Chancery Litigation Attorney at Bayard, P.A.

Bayard, P.A., a Meritas™ law firm in Wilmington, Delaware, announced today that Sarah T. Andrade joined the firm as an associate in its litigation group on August 26, 2019. Sarah is admitted to practice in the State of Delaware and the United States District Court for the District of Delaware. She focuses her practice primarily on matters involving corporate governance, corporate control, fiduciary duties, contractual disputes, and other commercial disputes.

After graduating from Haverford College in 2012, Sarah attended Temple University Law School and graduated cum laude in 2015. While in law school, Sarah interned for the Honorable Sherry R. Fallon, U.S. District Court for the District of Delaware. She was also awarded the Order of the Barristers for her success on the Temple University School of Law National Moot Court Team.

Bayard, P.A. is a commercial law firm that also provides personal legal services. The firm combines the experience in complex legal transactions and litigation found in larger firms with the accessibility and personal attention typical of smaller firms. We make it our mission to understand our clients’ business or personal legal challenges without the inefficiencies associated with multiple layers of professionals. At Bayard, we are committed to our clients’ success through innovative approaches to their most demanding business and legal challenges.

Bayard, 2019 Wilmington Lawyers' League Champs

Bayard Brings Home the Wilmington Lawyers’ Softball League’s Yoder Cup

Bayard, 2019 Champs

The Bayard, P.A. softball team won the Wilmington Lawyers’ Softball League Championship with a 17-15 victory over the Small Firms team on Tuesday, August 27, 2019. Bayard hasn’t won the championship in fourteen years and, after placing second for the last two years, the firm is thrilled to bring the trophy home again.

The team marched its way into the playoffs with a mission to better their record of second best. “We are so proud of what this team has done. We pulled through a few tough games and couldn’t be happier to celebrate this victory. We’ve had a strong team for the past few years but still have come up short in the playoffs. So, this win was big. We plan to call this home for the Yoder trophy for years to come,” said Greg Flasser, an associate at Bayard. Greg Flasser and Megan McGovern have been the managers/coaches/players on the team for the past several years and have coordinated the efforts for Bayard’s involvement in the league.

Each year local attorneys in Delaware compete in the Wilmington Lawyers’ Softball League. The co-ed teams compete in a season of six regular games with a short playoff run.
Check out the Bayard Unplugged page  for more fun pictures from the game.

Eight Bayard Attorneys Named to 2020 Best Lawyers® List

Bayard, P.A., a Meritas™ member law firm based in Wilmington, Delaware, announced today that eight directors have been selected for inclusion in the 2020 Edition of The Best Lawyers in America® as leading practitioners in their respective practice areas.

About Best Lawyers of America
Best Lawyers has published its list for over three decades, earning the respect of the profession, the media, and the public as a reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. To learn more about the nomination and review process, click here.

Three Bayard Directors Recognized by Benchmark Litigation

Wilmington, Delaware- Bayard, P.A. announced today that Stephen B. Brauerman, Jason C. Jowers and Evan T. Miller were recognized by the publication, Benchmark Litigation. The publication honors top young litigators in their respective litigation communities in the United States and Canada. Research is conducted once a year, through extensive interviews with litigators, dispute resolution specialists, and their clients.

Stephen B. Brauerman was named to the “40 and Under Hot List”. Steve focuses his practice in commercial and corporate litigation. He has litigated a wide array of cases involving fiduciary duty claims, corporate and alternative entity control disputes, advancement/ indemnification, breach of contract, antitrust, securities, patent infringement, copyright infringement, and trademark matters.

Jason C. Jowers was also recognized by the publication. He received a “Future Star” designation for his work in corporate and general commercial litigation. Jason primarily represents members and managers of LLCs, officers and directors of corporations, and companies in high-stakes litigation in the Delaware Court of Chancery, Delaware Superior Court, Delaware Supreme Court, and United States District Court for the District of Delaware.

Evan T. Miller was also named to the “40 and Under Hot List.” Evan was recognized for his work in bankruptcy litigation but has experience that spans across all areas of corporate bankruptcy. He pursues and defends preference and fraudulent actions in bankruptcy courts across the country, in addition to representing debtors, trustees, secured creditors, and asset purchasers.

For more information about Benchmark Litigation and the selection process, please visit www.benchmarklitigation.com.

Megan McGovern and Chantal Rhoads Speak to Paralegal Program Students at University of Delaware

Wilmington, Delaware- Attorney Megan McGovern and paralegal Chantal Rhoads of the Bayard family law group were invited to speak at University of Delaware’s Advanced Paralegal Seminar Series Family Law course earlier this month.  The program was sponsored by the University of Delaware Division of Professional and Continuing Studies (UD PCS) and is new to the University of Delaware offerings.  Professor Stacey Sawa, a Pennsylvania attorney, invited Ms. McGovern and Ms. Rhoads to provide students with insight on the practice of family law in Delaware.

Ms. McGovern and Ms. Rhoads led a group discussion about the expectations and responsibilities of a paralegal in a family law firm.  “As an alumna of UD, I was especially excited to receive the invitation to speak to the students, as I take great pride in going back to my college community.  It’s also important to me to share my experiences with others who are considering a career in family law,” McGovern said.

The University of Delaware Paralegal Certificate Program has been serving students for 40 years.  The program offers a range of classes for those working in the legal community.  For more information about the program and course offerings, go to http://www.pcs.udel.edu/paralegal-institute/.

Bayard Selected as Co-Counsel to the Insys Therapeutics, Inc. Unsecured Creditors’ Committee

Wilmington, Delaware- Bayard has been selected to serve as co-counsel to the Official Committee of Unsecured Creditors (the “Committee”) in In re Insys Therapeutics, Inc., et al., (Case No. 19-11292 (KG)), filed on June 10, 2019 in the United States Bankruptcy Court for the District of Delaware. On June 19, 2019, the Office of the United States Trustee formed the Committee. After its formation, the Committee selected Akin Gump Strauss Hauer & Feld, LLP and Bayard, P.A. as its legal counsel and Province, Inc. as its financial advisor.

Bayard attorneys Justin R. Alberto, Erin R. Fay, Daniel N. Brogan, Gregory J. Flasser, and Sophie E. Macon are involved in the matter.

Insys Therapeutics and its debtor affiliates operate a specialty pharmaceutical company that manufactures and markets, among other products, Subsys™, a sublingual fentanyl spray. Insys is the first opioid manufacturer to file for Chapter 11 protection amidst the nationwide opioid crisis Insys and its debtor affiliates filed for chapter 11 protection following criminal convictions of former management and only ten days after reaching a $225 million settlement with the US Justice Department.
Insys Therapeutics, Inc. operates a website at https://www.insysrx.com/.

Justin Alberto Speaks at AIRA Bankruptcy & Restructuring Conference

Bayard Director and Co-Chair of the bankruptcy group, Justin R. Alberto was a panelist at the 35th Annual AIRA Bankruptcy & Restructuring Conference in Boston, Massachusetts on June 5, 2019. The full day program, titled the Financial Advisors’ Toolbox focused on educating practitioners about the fundamental tenets of bankruptcy law. Speakers provided information on timing and when a company should consider restructuring, various in court and out of court options, pre-bankruptcy planning, first and second day matters, issues impacting unsecured creditors and exit strategies.

Justin has participated in many large and complex commercial restructurings, with an emphasis on the representation of debtors, official committees of unsecured creditors and other key parties. He has significant experience negotiating and litigating issues involving valuation, structured finance, section 363 asset sales and contested confirmations in an array of industries including retail, healthcare, manufacturing, hospitality, energy and banking. He is a frequent speaker on issues involving valuation and debtor-in-possession financing. He presented at the Financial Advisors’ Toolbox for the past two years.

Megan McGovern Speaks at 2019 Bench and Bar Conference

Wilmington, Delaware- On June 14, 2019, Bayard associate, Megan McGovern participated in a panel discussion at the Delaware State Bar Association (DSBA) 2019 Bench and Bar Conference. The panel, titled “Exploring the Curiouser and Curiouser World of Family Court: A Hands-On Effective Guide to Some of the Most Difficult Adventures in Law”, provided a comprehensive look at emerging issues in Family Court custody matters. The interactive session focused on style, performance, and expectations through analysis of hypothetical scenarios. A panel of jurists and practitioners evaluated and discussed the evidentiary issues and ethical responsibilities for each step in the litigation process, from pre-trial client preparation to presentation of evidence and witnesses at trial.

About Bayard
Bayard, P.A. is a commercial law firm that also provides personal legal services. The firm combines the experience in complex legal transactions and litigation found in larger firms with the accessibility and personal attention typical of smaller firms. We make it our mission to understand our clients’ business or personal legal challenges without the inefficiencies associated with multiple layers of professionals. At Bayard, we are committed to our clients’ success through innovative approaches to their most demanding business and legal challenges.
For more information about the DSBA and their upcoming events, click here.

Bayard Recognized at 2019 Turnaround Atlas Awards

Wilmington, Delaware- Bayard, P.A. was honored at the 11th Annual Turnaround Atlas Awards for its work in the chapter 11 cases of Claire’s Stores, Inc. Bayard attorneys Justin R. Alberto, Erin R. Fay, and Gregory J. Flasser served as co-counsel representing the Official Committee of Unsecured Creditors.

Claire’s Stores, Inc. and certain of its subsidiaries successfully completed their financial restructuring and emerged from Chapter 11 bankruptcy in the fall of 2018. The plan of reorganization in the case was confirmed by the United States Bankruptcy Court for the District of Delaware on September 21, 2018 and went into effect on October 12, 2018. With support from their creditors and stakeholders, Claire’s Stores eliminated approximately $1.9 billion of debt from its balance sheet and gained access to $575 million in new capital.

The firm also received recognition for the Claire’s Stores, Inc. matter at the International M&A Awards. Click here for the announcement.

Stephen Brauerman Recognized in 2019 IAM Patent 1000 Guide

Wilmington, Delaware- Intellectual Asset Management has recognized Stephen B. Brauerman as a top Delaware patent litigator in the 2019 edition of IAM Patent 1000: The World’s Leading Patent Professionals. The firm also received recognition in the guide.

The publication noted:

“A skilled patent and commercial litigator” and past president of the Delaware chapter of the Federal Bar Association, Stephen Brauerman is “a hungry and hard-working attorney” with an impressive track record.

The eighth edition of the Intellectual Asset Management (IAM) Patent 1000 guide identifies the leading patent professionals and firms in key jurisdictions around the world after conducting interviews with numerous attorneys at law, patent attorneys and in-house counsel to gather market intelligence on the leading professionals in the field.

To view the full IAM Patent 1000 2019 list, click here.

Bayard Named M&A Award Winner for Chapter 11 Restructuring of Claire’s Stores, Inc.

Wilmington, Delaware, June 7, 2019 – Meritas™ member firm, Bayard, P.A. has been named a winner at the 11th Annual International M&A Awards in the category of Consumer Discretionary Deal of the Year.  Bayard received the award for its representation of the Official Committee of Unsecured Creditors in the successful chapter 11 restructuring of Claire’s Stores, Inc.  Bayard attorneys Justin R. Alberto, Erin R. Fay, and Gregory J. Flasser served as co-counsel in the matter.

Claire’s Stores, Inc. and certain of its subsidiaries successfully completed their financial restructuring and emerged from Chapter 11 bankruptcy in the fall of 2018.  The plan of reorganization in the case was confirmed by the United States Bankruptcy Court for the District of Delaware on September 21, 2018 and went into effect on October 12, 2018.  With support from their creditors and stakeholders, including an Ad Hoc Group of First Lien Creditors led by Elliott Management Corporation and Monarch Alternative Capital, LP, Claire’s Stores eliminated approximately $1.9 billion of debt from its balance sheet and gained access to $575 million in new capital.

The M&A Advisor was founded in 1998 to offer insights and intelligence on M&A activities.  Over the past 21 years they have established the premier global network of M&A, Turnaround, and Finance professionals.  Today, M&A Advisor recognizes the achievements of, and facilitates connections between, the industry’s top performers throughout the world, while providing a comprehensive range of services.  To learn more visit www.maadvisor.com.

Click here for the complete list of winners.

Bayard Selected as Co-Counsel to the Hospital Acquisitions, LLC Unsecured Creditors Committee

Wilmington, Delaware- Bayard, P.A. has been selected to serve as co-counsel to the Official Committee of Unsecured Creditors (the “Committee”) in In re Hospital Acquisitions, LLC (Case No. 19-10998 (BLS)) filed on May 6, 2019, in the United States Bankruptcy Court for the District of Delaware. On May 17, 2019, the Office of the United States Trustee formed the Committee. After its formation, the Committee selected Greenberg Traurig, LLP and Bayard, P.A. as its legal counsel and Alvarez & Marsal as its financial advisor. Bayard attorneys Justin R. Alberto, Erin R. Fay and Gregory J. Flasser are involved in the matter.

Hospital Acquisitions, LLC, headquartered in Plano, Texas, is a leading operator of long-term acute care hospitals in the United States.

Bayard Selected as Co-Counsel to the Kona Grill, Inc. Unsecured Creditors’ Committee

Wilmington, Delaware- Bayard has been selected to serve as co-counsel to the Official Committee of Unsecured Creditors (the “Committee”) in In re Kona Grill, Inc., et al., (Case No. 19-10953 (CSS)), filed on April 30, 2019 in the United States Bankruptcy Court for the District of Delaware. On May 16, 2019, the Office of the United States Trustee formed the Committee. After its formation, the Committee selected Kelley Drye & Warren, LLP and Bayard, P.A. as its legal counsel and Province, Inc. as its financial advisor. Bayard attorneys Justin R. Alberto, Erin R. Fay, and Gregory J. Flasser are involved in the matter.

Kona Grill, Inc., headquartered in Scottsdale, AZ., is known for its global flavors and innovative dishes made with only fresh ingredients, personalized service, and unique cultures. The company first opened its doors in 1998 in Scottsdale, Arizona and now operates 27 full-service, contemporary American restaurants. The company and its subsidiaries filed for chapter 11 protection on April 30, 2019. Kona Grill, Inc. operates a website at https://www.konagrill.com.

Bayard Attorneys Named 2019 Super Lawyers® and Rising Stars

Wilmington, Delaware- Bayard, P.A. announced today that the 2019 Edition of Delaware Super Lawyers® by Thompson Reuters, includes recognition of eleven attorneys from the firm. The following attorneys from Bayard’s Business Restructuring & Liquidations, Commercial and Corporate Litigation, Intellectual Property, and Family Law practices were recognized:

Super Lawyers®:

Scott D. Cousins– Bankruptcy: Business
Neil B. Glassman– Bankruptcy: Business
Jason C. Jowers– Business Litigation
Peter B. Ladig– Business Litigation

Super Lawyers® Rising Stars:

Justin R. Alberto– Bankruptcy: Business
Stephen B. Brauerman– IP Litigation
Sara E. Bussiere– Business/Corporate
Erin R. Fay– Bankruptcy: Business
Evan T. Miller– Bankruptcy: Business
Elizabeth A. Powers– Business/Corporate
Kara M. Swasey– Family Law

Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations and recognizes only five percent of Delaware attorneys as Delaware Super Lawyers and 2.5 percent of Delaware attorneys as Delaware Rising Stars, as chosen by their peers and through independent research. The Rising Stars list is comprised of attorneys who have been practicing for less than 10 years or are under 40 years old.
To learn more about the selection process, click here.

Bayard, P.A. Practice Groups and Attorneys Recognized in Chambers 2019 Guide

Wilmington, Delaware- Bayard, P.A. was recognized by Chambers USA: America’s Leading Lawyers for Business, an annual guide identifying top attorneys and law firms in the U.S. The firm’s Business Restructuring and Liquidations, Business Entities and Commercial Transactions, Corporate and Commercial Litigation, and Intellectual Property groups were all recognized in the guide.

Chambers also recognized seven (7) Bayard attorneys as leading individuals in their respective practice areas:

Justin R. Alberto– Bankruptcy/Restructuring

Stephen B. Brauerman– Chancery and Intellectual Property

Scott D. Cousins– Bankruptcy/Restructuring

Erin R. Fay– (Up and Coming) Bankruptcy/Restructuring

Neil B. Glassman– (Senior Statespeople) Bankruptcy/Restructuring

Peter B. Ladig– Chancery

Marla H. Norton– Corporate M&A: Alternative Entities

For 30 years, Chambers and Partners has been ranking the best law firms and lawyers and is considered among the premier resources for finding reliable, capable and appropriate business lawyers on the basis of legal knowledge and experience, ability, effectiveness, and client-service. Rankings are compiled based on independent research and in-depth interviews with key in-house counsel and private practice attorneys.

GianClaudio Finizio Appointed to Meritas U.S. Leadership Committee

Wilmington, Delaware – Bayard, P.A. announced today that GianClaudio Finizio, director and leader of the firm’s insurance practice group, and member of the firm’s bankruptcy group, was selected to serve on the Meritas U.S. Leadership Committee. GianClaudio, also the firm’s Meritas member contact for Meritas, will serve a three- year term in this new role.  The Committee is comprised of 11 members from firms across the U.S. Region.  The Committee’s primary responsibility is to support the mission, values and goals of Meritas and will specifically participate in strategic planning, member recruitment, retention and development for the U.S. Region.

Meritas is the premier global alliance of 184 independent law firms spanning 93 countries.  Meritas firms provide businesses with a full range of high-quality specialized legal services in key markets around the world.  Bayard is Delaware’s sole member of Meritas. Meritas firms work collaboratively to serve clients, especially when dealing with complex matters across multiple jurisdictions.  Membership is by invitation only and all Meritas firms must adhere to uncompromising service standards to retain membership status.  Meritas uses a disciplined, analytical approach to quality control that includes exclusive peer-evaluations and formal firm reviews every three years.  With top-ranking law firms in the world’s key markets, Meritas delivers exceptional legal knowledge, personal attention and proven value to clients worldwide.

Sara Bussiere Selected to Participate in the 2019 Federal Trial Practice Seminar

Wilmington, Delaware – Bayard’s Sara E. Bussiere has been selected as one of eight participants in the 2019 Federal Trial Practice Seminar. The program is sponsored by the United States District Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association. The intensive eight-week instructional program provides lawyers an opportunity to work directly with Judges and experienced practitioners to practice and hone their trial skills.

The program will cover topics including Courtroom Presentation and Demeanor, Opening Statements, Direct Examination, Cross Examination, and Closing Arguments. At the end of the program, the participants will participate in a one-day Mock Trial in front of a jury comprised of Delaware citizens.

Sara E. Bussiere is an associate in Bayard’s Litigation Department. Sara concentrates her practice on corporate and commercial litigation in the Delaware Court of Chancery, Delaware Superior Court, and the United States District Court for the District of Delaware. Sara counsels clients concerning the General Corporation Law of the State of Delaware and Delaware’s alternative entity statutes. Sara has experience in a broad range of corporate matters, including fiduciary duty claims, corporate and alternative entity control disputes, advancement and indemnification claims, trade secret and noncompetition agreement disputes, and other breach of contract claims. Sara also has experience advising corporate entities in receivership or seeking dissolution.

Bayard Recognized at 2019 Combined Campaign for Justice Appreciation Breakfast

Wilmington, Delaware- On March 11, 2019, Bayard P.A. was recognized at the annual Combined Campaign for Justice Appreciation Breakfast. In 2018, one hundred percent of the firm’s attorneys participated by contributing to the annual fundraising drive which originally began 20 years ago. Bayard also donated at the Benefactor level ($5,000-$9,000). The firm is committed to supporting the Combined Campaign for Justice’s mission of increasing the availability of legal services to low-income Delawareans.

Since 1999, the partnership has sought to increase the resources available to allow the legal services providers to represent low-income Delawareans in cases of tremendous import. Victims of domestic violence, illegal eviction, fraud, and government misfeasance have greater access to the justice system because of the work of the Combined Campaign for Justice.

To learn more about the Combined Campaign for Justice or to donate, click here.

Peter Ladig to Speak at ABA Spring Meeting

Wilmington, Delaware- On Thursday, March 28, 2019, Peter B. Ladig, co-chair of Bayard’s litigation group is scheduled to speak at the Spring Meeting of the ABA Section of Business Law during the business divorce portion of the Recent Developments in Business & Corporate Litigation: Annual Review Panel program. The program will also feature panelists Justice Timothy Driscoll of the New York Supreme Court and Vanessa Tiradentes, former Bayard associate, now a partner at Gould & Ratner in Chicago.

Pete is the co-chair of the Business Divorce Subcommittee of the Business and Corporation Litigation Committee of the Business Law Section of the ABA. He has extensive experience in the growing area of the business divorce, particularly requests for judicial dissolution of limited liability companies and corporations.

For more information, visit the conference website.

Bayard Sponsors First UnLocke the Light Event

Wilmington, Delaware- On Friday, February 8, 2019, Bayard’s Family Law Group sponsored and attended the SL24 Memorial Basketball Classic- UnLocke the Light at the newly opened 76ers Fieldhouse in Wilmington, Delaware. The event, hosted by BPG|SPORTS, drew a packed house for games between Ursuline, Saint Marks and Salesianum’s boys and girls junior varsity and Varsity teams. All proceeds from the event benefited the SL24 Foundation which was created in memory of Sean Locke, a stand-out basketball player at Saint Mark’s High School who went on to play at the University of Delaware, before losing his battle with depression in the summer of 2018. “Bayard was proud to be a sponsor of this special event remembering Sean Locke and supporting a vision of mental wellness,” said Curtis Bounds, head of the Family Law Group at Bayard. “We hope to participate in this important event for years to come.” In the marquee game of the evening, Saint Mark’s beat its rival, Salesianum 47-38. The last time the team beat Sallies in boys basketball was in 2010, when Sean Locke was a senior.

The primary focus of the of the foundation is to bring awareness to mental health. SL24 Foundation’s goal is to build and operate “Sean’s House” which will serve as a safe haven for high school and college students to go and receive professional help and speak to peers about their struggles with depression and the threat of suicide.
To learn more about the SL24 Foundation, click here.