Corporate & Commercial Litigation
"It’s pretty remarkable what they are able to do. They can litigate against firms of any size and be successful."
– Chambers USA
Corporate & Commercial Litigation
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.
News
Bayard, P.A. and Litigation Attorney Brett McCartney Recognized in Benchmark Litigation 2025 Edition
- News
NEWS
Bayard’s Steve Brauerman, Vanessa Tiradentes and Sara Bussiere Present Meritas Capability Webinar
- News
NEWS
New Lawyer Joins Bayard’s Corporate and Commercial Litigation and Intellectual Property Groups
- News
NEWS
The <i>Delaware Business Court Insider</i> published an article by Bayard's Stephen B. Brauerman
- News
NEWS
Insights
Enforceability of Advance Notice Bylaws: Key Takeaways from Kellner v. AIM ImmunoTech
- Legal Updates
LEGAL UPDATES
Delaware Court of Chancery Enforces Implied Covenant of Good Faith and Fair Dealing
- Legal Updates
LEGAL UPDATES
Delaware Court of Chancery Calls into Question Equitable Jurisdiction over Certain Claims for Release of Escrowed Funds
- Publications
PUBLICATIONS
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
The Implied Covenant of Good Faith and Fair Dealing: Does it Protect Members of Delaware LLCs?
- Publications
PUBLICATIONS
Fiduciary Duties of Managers of LLCs: The Status of the Debate in Delaware
- Publications
PUBLICATIONS
Collateral Estoppel Doesn’t Bar Second Derivative Case After First is Dismissed
- Publications
PUBLICATIONS
Inadvertently Waiving Right to Seek Judicial Dissolution of LLC: It is Easier to do than You Think
- Publications
PUBLICATIONS
Failure to Make Capital Contribution Does Not Necessarily Result in Reduction of Interest in LLC or LP
- Publications
PUBLICATIONS
When Deciding Whether to Judicially Dissolve an LLC, the Court May Find the “Purpose” of the LLC to Be Different Than What Is Stated in the LLC Agreement
- Publications
PUBLICATIONS
Be Careful What You Ask For: Court of Chancery Finds Corporate Law Governs LLC Based on Drafting of LLC Agreement
- Publications
PUBLICATIONS
Delaware Supreme Court Precludes Fraudulent Inducement of LLC Agreement and Employment Agreement as Defense in Advancement Proceeding
- Publications
PUBLICATIONS
Judicial Dissolution: Are the Courts of the State that Brought You In the Only Courts that Can Take You Out?
- Publications
PUBLICATIONS
Court of Chancery Amends Briefing Requirements and Letter Policy Effective August 1, 2017
- Legal Updates
LEGAL UPDATES
The Devil Is In the Details: How the Delaware Court of Chancery Permitted a Derivative Claim to Survive an Earlier Derivative Dismissal
- Publications
PUBLICATIONS
The Cleansing Effect of a Statutorily Required Shareholder Vote on a Troubled Transaction
- Publications
PUBLICATIONS
Delaware Supreme Court Clarifies Divide Between Direct and Derivative Claims in Breach of Contract Actions and Demonstrates the Value of the Certified Question
- Publications
PUBLICATIONS
Changes to Delaware General Corporation Law to Take Effect on August 1, 2015
- Legal Updates
LEGAL UPDATES
When Business Judgment Isn’t Enough: The Impact of the Standard of Review on Deal Litigation
- Publications
PUBLICATIONS
Vice Chancellor Laster Holds Third Party Financing Firm Liable for Aiding and Abetting Breaches of Fiduciary Duties
- Legal Updates
LEGAL UPDATES
'Judicial Business Judgment' and the Art of Evaluating Derivative Settlements
- Publications
PUBLICATIONS
Court of Chancery Approves Contractual Mechanisms to Protect Self-Interested Transactions
- Publications
PUBLICATIONS
Wasting Away: The Futility of Asserting Waste Claims in the Court of Chancery
- Publications
PUBLICATIONS
Injunction Junction, Not Our Function: Court of Chancery Grapples with Enjoining Stockholder Votes on Troubled Transactions
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PUBLICATIONS
Chancery Court Provides Guidance on Advancement, Indemnification Under Delaware Law
- Publications
PUBLICATIONS
A Director's Guide to Surviving Demand Futility: Lessons From <i>Goldman Sachs</i>
- Publications
PUBLICATIONS
Exploring the Boundaries of <i>Revlon</i>: Mixed Cash/Stock Transactions Under Heightened Scrutiny
- Publications
PUBLICATIONS
In Multi-jurisdictional Derivative Suits, Del. Courts Stress Safeguarding State Law, Managing Dockets
- Publications
PUBLICATIONS
Delaware Supreme Court Affirms Court of Chancery’s Decision in <i>Green v. Templin</i>
- Legal Updates
LEGAL UPDATES
Court of Chancery Issues Guidelines for Preservation of Electronically Stored Information
- Legal Updates
LEGAL UPDATES
Supreme Court Reverses Court of Chancery, Finding that Bylaw Cutting Short Directors’ Terms is Invalid
- Legal Updates
LEGAL UPDATES
Court Emphasizes <i>Unocal</i> Is Proper Standard For Review of Board's Adoption and Maintenance of Rights Plan
- Legal Updates
LEGAL UPDATES
Superior Court of Delaware Launches Complex Commercial Litigation Division (CCLD)
- Legal Updates
LEGAL UPDATES
Court of Chancery Questions Special Litigation Committee’s Independence and Investigation in Denying Recommendation to Dismiss Derivative Action
- Legal Updates
LEGAL UPDATES
Recent Delaware Corporate Decision: <i>PT China LLC v. PT Korea LLC, et al.</i>
- Legal Updates
LEGAL UPDATES
Recent Delaware Corporate Decision: Brian T. Olson v. O. Andreas Halvorsen, David C. Ott, Viking Global Investors LP, Viking Global Partners LLC, Viking Global Performance LLC, and Viking Global Founders LLC
- Legal Updates
LEGAL UPDATES
McNulty Revisited: <i>How the FILIP Memorandum Changes the DOJ’s Approach to Corporate Investigations and Prosecutions</i>
- Publications
PUBLICATIONS
Why a Handshake Might Not Be Enough for Members of Delaware Limited Liability Companies
- Publications
PUBLICATIONS
No Stay for The Weary: <i>Corporate Governance Obligations Continue in Bankruptcy</i>
- Publications
PUBLICATIONS
Delaware Court Reaffirms Some Less Well-Known Principles of Corporation Law
- Publications
PUBLICATIONS