Category Archives: News

Bayard Ranked Among “Best Law Firms” by U.S. News & World Reports and Best Lawyers

Bayard, P.A., a Meritas member law firm based in Wilmington, Delaware, has been included as a “Best Law Firm” by U.S. News & World Report and the Best Lawyers in America®. The 2020 Edition of “Best Law Firms” includes rankings in 75 national practice areas and 127 metropolitan-based practice areas.

Bayard is honored to have eight practice areas recognized in the list including:

Administrative/Regulatory Law
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Family Law
Litigation- Intellectual Property
Corporate Law
Commercial Litigation
Litigation- Bankruptcy
Tax Law

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

To see the entire list of 2020 “Best Law Firms,” visit https://bestlawfirms.usnews.com/.

Several of Bayard’s attorneys were recognized earlier this year. Click here to read more.

Bayard, P.A. Earns Recertification in Meritas, a Global Alliance of Independent Business Law Firms

Wilmington, Delaware- November 1, 2019- Bayard, P.A., a Wilmington-based law firm, announced today that it has been awarded recertification in Meritas, a global alliance of independent business law firms. Bayard joined Meritas in 1990 and, as a condition of its membership, is required to successfully complete recertification every three years.

“We are proud of our firm’s achievements, and look forward to continuing our relationship with Meritas,” said GianClaudio Finizio, Director and the Meritas Member Contact at Bayard. “Meritas’ Quality Assurance Program is not just valuable for our clients seeking legal expertise around the world; it also provides us with a framework to consistently monitor and enhance the quality of our services,” added Finizio.

Meritas is the only law firm alliance with an established and comprehensive means of monitoring the quality of its member firms—a process that saves clients time validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the breadth of their practice expertise and client satisfaction.

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.

About Meritas
Founded in 1990, Meritas is an international alliance of commercial law firms working across jurisdictions to provide clients the best of both worlds: a local legal partner with full-service capabilities and the cost efficiency and personal attention unmatched by mega law firms. Each member law firm is required to adhere to rigorous and specific service standards on a regular basis. Headquartered in Minneapolis, Minnesota, Meritas has member firms in 245 global markets and more than 7,000 lawyers. To find a Meritas law firm or for more information, visit meritas.org or call 612-339-8680.

Benchmark Litigation Recognizes Bayard and its Litigation Directors

Wilmington, Delaware- Each fall, Benchmark Litigation releases its main publication recognizing top litigation attorneys across the United States. Bayard and its litigation group directors have been recognized among the top firms and litigators in the United States in the 2020 guide. Peter B. Ladig and Brett M. McCartney were named Local Litigation Stars, and Stephen B. Brauerman and Jason C. Jowers were named Future Stars. In addition, the firm was named to the list of “Recommended” firms in Delaware.

About Benchmark Litigation
Benchmark Litigation, which is in its 12th year of publication, exclusively covers the litigation and disputes market in North America, covering the US, Latin America and, most recently, Europe and the Asia-Pacific region. For more information about Benchmark Litigation and the selection process, please visit www.benchmarklitigation.com.

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.

Jason Jowers Receives Litigation Counsel of America’s Peter Perlman Service Award

Peter Perlman & Jason C. Jowers

On Thursday, October 24, 2019, Jason C. Jowers, a director in Bayard, P.A.’s litigation group, was presented the Peter Perlman Service Award at the Litigation Counsel of America’s 2019 Fall Conference & Celebration of Fellows in Bluffton, South Carolina. The award, presented to Mr. Jowers by Mr. Peter Perlman himself, recognizes LCA Fellows who give back to society to improve the lives of others.

In addition to his business litigation practice, Mr. Jowers is active in pro bono and charitable organizations. He serves as a court-appointed member of the Delaware Supreme Court’s Access to Justice Commission, and he serves as the co-chair of its Judicial Branch Coordination in Helping Pro Se Litigants Subcommittee. The Delaware Supreme Court created the Access to Justice Commission in 2014 “to identify the critical needs related to access to justice in Delaware and to develop realistic and cost- effective solutions to meet those needs.” Mr. Jowers was one of the primary drafters of a 2017 report recommending that Delaware convert its underutilized law libraries into self-help centers for pro se litigants and outlining a plan for the conversion. Since that time, his subcommittee has been working with the court system to carry out the recommendations of the report. The first of three self-help centers opened in Wilmington in 2019. Mr. Jowers also regularly handles prisoner civil rights pro bono cases before the United States District Court for the District of Delaware as a member of the Federal Civil Panel. For the past ten years, Mr. Jowers served as chair of the Delaware High School Mock Trial Competition, leading the efforts to plan and coordinate the state-wide competition. Finally, Mr. Jowers sits on the Board of the Food Bank of Delaware, which provides low- and no-cost food to qualified feeding programs throughout Delaware. Mr. Jowers serves on the Food Bank’s Advancement Committee, and he primarily focuses on efforts to raise funds for the Food Bank’s Back Pack Program, which annually provides more than 6,000 Delaware children at risk of hunger with nearly 200,000 nutritious, easy-to-prepare meals for preparation and consumption at home.

About the Litigation Counsel of America
The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation-only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels and superior ethical reputation.

To learn more about LCA, click here.

Bayard Delaware Today Top Lawyers 2019

Delaware Today Names Eleven Bayard Attorneys to 2019 Top Lawyers List

Wilmington, Delaware (October 22, 2019)- Bayard, PA is pleased to announce that eleven attorneys from the firm were selected by their peers as Delaware Today Top Lawyers in their respective practice areas. Each year, Delaware Today magazine invites all members of the Delaware State Bar Association to vote in a poll to nominate their professional peers and the following Bayard attorneys were named on the 2019 list:

Justin R. Alberto– Bankruptcy Business
Curtis P. Bounds– Family Law
Stephen B. Brauerman– Intellectual Property
Scott D. Cousins– Bankruptcy Business
Steven R. Director– Trusts & Estates
Erin R. Fay– Bankruptcy Business
Peter B. Ladig– Corporate Law
Brett M. McCartney– Corporate Law
Megan McGovern– Family Law
Marla H. Norton– Business-Commercial Law
Kara M. Swasey– Family Law

To see the entire 2019 Delaware Today Top Lawyers List, click here.

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.

Kara Swasey Speaks at ABA Family Law Conference

On Saturday, September 28, 2019, Kara M. Swasey, a Director in Bayard’s family law group, spoke at the American Bar Association Family Law Section conference which took place in Austin, Texas from September 25-28th. The CLE program was titled Trial Technology: Tricks of the Trade. The panelists discussed the use of technology to enhance the trial experience and how to avoid technology interfering with trial. Kara focused her presentation on the Family Court of the State of Delaware’s e-Courtroom technology.

Kara is active in the Delaware legal community, where she serves in leadership positions for several organizations including The Melson-Arsht Inn of Court, DSBA Family Law Section, and the Access to Justice Commission. She has also been recognized for her pro bono work with organizations like the Domestic Violence Advocacy Program (DVLS), the Federal Re-entry Legal Assistance Program and the Limited Legal Assistance Program. Kara concentrates her practice in the area of family law, including divorce, custody, child support, adoption, guardianship and protection from abuse. She also provides litigation support to Bayard’s bankruptcy, corporate and commercial law practices.

For more information about the ABA and upcoming events, visit their website https://www.americanbar.org/.

Bayard Selected as Lead Counsel to the Sugarfina Unsecured Creditors’ Committee

Wilmington, Delaware- Bayard, P.A. has been selected to serve as lead counsel to the Official Committee of Unsecured Creditors (the “Committee”) in In re Sugarfina, LLC et. al. (Case No. 19-11973 (MFW)) filed on September 6, 2019, in the United States Bankruptcy Court for the District of Delaware. On September 17, 2019, the Office of the United States Trustee formed the Committee. After its formation, the Committee selected 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.

Sugarfina, Inc. (the Debtors”), based in El Segundo, California is the owner and operator of 33 high-end candy shops and 11 “shops in shops” in Nordstrom’s department stores. It also owns and operates a wholesale channel and an e-commerce platform. They operate a website at https://www.sugarfina.com/.

Paralegal Larry Morton Speaks to Students in the UD Paralegal Certificate Program

Wilmington, Delaware- Earlier this month, Larry Morton, a paralegal in Bayard’s bankruptcy group, participated in a panel sponsored by the University of Delaware’s Paralegal Certificate Program. The panel discussion was led by Professor Monica Horton, R.N., Esq., in her Introduction to Law class. The panel discussed the roles and responsibilities of a paralegal and provided real-life examples for what students should expect in the job.

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

Bayard Selected as Co-Counsel to the Lolli & Pops 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 Mishti Holdings, LLC et al (Case No. 19-11813 (CSS)) filed on August 12, 2019, in the United States Bankruptcy Court for the District of Delaware. On August 23, 2019, the Office of the United States Trustee formed the Committee. After its formation, the Committee selected Hanson Bridgett 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 and Gregory J. Flasser are involved in the matter.

Mishti Holdings, LLC (the Debtors”), based in San Francisco, is the owner and operator of approximately 70 upscale candy shops called Lolli and Pops. They were also the owners of 10 Candyopolis-brand stores which closed on August 11, 2019.  They operate a website at https://www.lolliandpops.com/.

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.