Wilmington boutique Abrams & Bayliss has staked a firm claim in the community, placing itself on equal footing with the more historically established shops. In fact, some actually consider the firm to be in an advantageous position to overtake those firms. “There is a generation of lawyers in Delaware that are 20 years senior to those at Abrams & Bayliss that for the past 20 years have dominated Delaware. Well, those people are ready to retire! That puts a firm like Abrams & Bayliss, who has a consistently strong bench of people in their 40s and 50s, ready to take over from those other firms who had one major star and no one else because they didn’t groom the younger partners.” The firm is also said to be “very selective with its associates.” A peer offers in summation, “Abrams & Bayliss is terrific, incredibly plugged into the Delaware space. They don’t do as much in the federal space but in Delaware they are second to none.” Clients are equally appreciative; one testifies, “They served as counsel for a large class action where we worked with plaintiffs. They offer strategy, legal research, and practical thinking. [They are] Extraordinarily creative and thorough.”
Thompson Bayliss has emerged as the firm’s “leading light” in recent years, enjoying a well-earned ascent in profile due to his raft of commercial Chancery litigation in both the plaintiff and defense capacities. A client insists, “He's the top. He sees the whole playing field. He's a great strategist and a great tactician, and he knows his audience so thoroughly. He's also great at getting the best out of his team.” As Delaware co-counsel, Bayliss scored big for AbbVie in a long-running and hard-fought commercial case concerning the drug Lupron. This drug was manufactured by Takeda, whose factory got shut down due to regulatory issues, causing a major shortage of Lupron. AbbVie sued for all the lost business, triumphing in March 2024 with a $500 million verdict. Bayliss was also retained in early 2024 by the Special Committee of Tesla, as Delaware counsel in connection with its mandate to explore whether Tesla should remain incorporated in Delaware or should reincorporate elsewhere, and Tesla CEO Elon Musk’s 2018 compensation plan should be put to a ratification vote at a meeting of Tesla’s stockholders. In April 2024, the Special Committee issued a report containing its conclusion that reincorporating in Texas and ratifying Musk’s compensation are in the best interests of Tesla and should be approved by Tesla’s stockholders.
