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Brett M. McCartney
Director
- Tel: +1 302-429-4218
- Fax: +1 302-658-6395
Biography
Brett also has extensive experience representing special committees of Delaware corporations. He advises special committees in a variety of circumstances, including mergers, controlling stockholder conflicted transactions, debt issuances, asset sales, strategic alternatives explorations and investigations into stockholder litigation demands. Brett has authored sections of an ABA treatise on special committees as well as stockholder rights plans.
Brett has authored many articles published in the Delaware Business Court Insider and presently sits as a member of the editorial board for the ABA Corporate Governance Committee’s InSight publication. Brett has been recognized by Chambers USA, Benchmark Litigation, Delaware Super Lawyers®, and Delaware Today for his litigation work.
Brett M. McCartney is chairman of the Board of Directors of Bayard and a director in the firm's litigation group. He concentrates his practice in the areas of corporate governance and complex commercial litigation, stockholder litigation, fiduciary duties, alternative entity disputes, class action, and derivative litigation. Brett is also a member of Bayard’s Executive Committee.
Brett represents stockholders, directors and officers in litigation in the Court of Chancery in a variety of matters, including demands for appraisal, dissolution, advancement of legal fees and expenses, requests for inspection of corporate books and records, claims regarding the election of directors and fiduciary duty disputes. Brett also represents corporations involving claims arising out of Delaware’s General Corporation Law. Brett represents financial advisors and investment banks in connection with litigation involving mergers and acquisitions and other transactions.Brett also has extensive experience representing special committees of Delaware corporations. He advises special committees in a variety of circumstances, including mergers, controlling stockholder conflicted transactions, debt issuances, asset sales, strategic alternatives explorations and investigations into stockholder litigation demands. Brett has authored sections of an ABA treatise on special committees as well as stockholder rights plans.
Brett has authored many articles published in the Delaware Business Court Insider and presently sits as a member of the editorial board for the ABA Corporate Governance Committee’s InSight publication. Brett has been recognized by Chambers USA, Benchmark Litigation, Delaware Super Lawyers®, and Delaware Today for his litigation work.
Awards & Rankings
- Chambers USA, Chancery, 2022 - 2024
- Benchmark Litigation, Litigation Star, Commercial Law, 2020 - 2025 Editions
- Super Lawyers® Rising Stars, Delaware, 2013, 2018
- The Best Lawyers in America©, Corporate Law, 2025 Edition
- Delaware Today Top Lawyers Edition, 2018, 2019, 2021
Experience
Experience
- Represented the special litigation committee of a publicly-traded company investigating derivative claims stemming from a merger.
- Represented the special committee of a publicly-traded company in a debt to equity conversion.
- Represented members of a special committee in shareholder class action litigation arising from a merger of chemical companies.
- Represented financial advisor sued for aiding and abetting breaches of fiduciary duty in litigation arising out of a proposed stock repurchase plan.
- Representing seller of business unit in action to recover funds inadvertently transferred to buyer.
- Represented lender sued for aiding and abetting breaches of fiduciary duty and secured dismissal in litigation arising from a transaction all or substantially all of a corporation’s assets.
- Represented limited partnerships in expedited litigation brought by creditor seeking to enforce contracts entered into by a limited partner.
- Represented founder of LLC in breach of fiduciary duty action challenging his removal from the LLC by majority member.
- Represented investors in developmental drug company in action seeking dissolution of entity.
- Represented director in successfully obtaining, post-trial, books and records wrongfully withheld from him by the company he founded.
- Represented founder of company in business divorce with business partner.
- Represented owners of large city newspaper in dissolution dispute with other owners.*
- 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.*
News & Insights
Delaware Court of Chancery Continues Substantial Revision of Its Rules
Delaware Court of Chancery Enforces Implied Covenant of Good Faith and Fair Dealing
Delaware Court of Chancery Begins Significant Rules Revisions
Chancery Court Clarifies Scope of Advanced Waiver of Right to Sue for Breach of Fiduciary Duty
New Titles in Delaware’s Chancery Court
Court of Chancery Declines to Enjoin Advance Notice Bylaw in Sternlicht v. Hernandez
Delaware Supreme Court Issues Order for CCLD Cross-Designation in the Court of Chancery
News & Insights
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News
Bayard, P.A. and Litigation Attorney Brett McCartney Recognized in Benchmark Litigation 2025 Edition
Bayard Attorneys Recognized by Best Lawyers® with Lawyers of the Year, Best Lawyers and Ones to Watch
Chambers USA 2024 Guide Recognizes Bayard and Its Attorneys
Bayard Litigators Receive Recognition in Benchmark Litigation’s 2024 Edition
Bayard Ranked Among Leading Firms in Delaware in Chambers USA 2023
Bayard and Attorneys Receive Recognition in Benchmark Litigation’s 2023 Edition
Chambers Recognizes Bayard and Nine of its Attorneys in the 2022 Guide
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