Delaware

Firm overview

Abrams & Bayliss LLP is a business litigation and advisory boutique that focuses on high stakes controversies and transactions carrying a high risk of litigation.

The firm’s Litigation Practice primarily involves actions in the Delaware Court of Chancery, the nation’s preeminent corporate and commercial law court, and the Delaware Supreme Court. The firm’s litigators have extensive experience representing public and private companies, stockholders, directors and executives in a wide range of business, corporate and alternative entity litigation matters at the trial and appellate level. The firm regularly litigates actions involving corporate control disputes, rights of equity holders, large public and private company controversies, complex transactions, and significant valuation and appraisal proceedings. Unlike many other firms, Abrams & Bayliss represents plaintiffs and defendants, giving their attorneys an added measure of insight on strategic and tactical issues in transactions and litigation. The firm has a proven track record of offensive and defensive litigation, including successfully pursuing and defeating injunction applications, conducting expedited trials and prosecuting and defending claims for significant monetary, declaratory or equitable relief.

The firm’s Transactional Practice primarily involves matters where there is a high risk of litigation or which raise complex or novel issues of Delaware law, such as contests for corporate control, private equity and portfolio company matters, going-private transactions, recapitalizations, refinancings and stockholder or board level disputes. Abrams & Bayliss also advises business entities and their constituents on Delaware issues relating to all phases of their life cycle, ranging from formation questions to continuing issues involving the payment of dividends and asset sales to end-of-life matters such as dissolution and receiverships. The firm regularly provides advice on the interpretation of certificates of incorporation and bylaws, whether for newly formed entities, initial public offerings, operating companies with internal disputes, reincorporations, restructurings or corporations seeking to amend their existing governance documents.

Abrams & Bayliss similarly advises business entities, directors, officers and stockholders on contracts relating to their governance structure and commercial relationships, including stockholder rights plans, stockholder agreements, and indemnification or advancement rights.

As a result of the firm’s expertise on fiduciary duty matters, Abrams & Bayliss regularly represents trust beneficiaries in claims against corporate and individual trustees for significant damages, the replacement of trustees and the amendment of trust instruments.

Abrams & Bayliss represents a broad array of clients including national and international corporations, limited partnerships, limited liability companies, joint ventures, stockholders, directors, equity investors and executives.

All of the firm’s lawyers have distinguished academic records and the firm’s attorneys are regular authors and speakers at national programs regarding Delaware business law matters.

Updated July 2024

Firm overview

In today’s legal and regulatory environment, litigation can threaten a company’s very existence. Skadden’s lawyers have extensive experience with such complex, “bet-the-company” litigation matters, and we are widely recognized for our ability to handle our clients’ most critical litigation issues. The firm can rapidly assemble a focused, integrated and efficient team to address all important aspects of a client’s problem and to handle numerous cases in multiple jurisdictions and forums. We have handled some of the largest and most high-profile cases in recent years, earning a reputation as a go-to firm for litigation, and we are responsible for numerous decisions, from the trial courts to the U.S. Supreme Court, that have shaped various areas of law.

Our Litigation Group comprises approximately 600 attorneys throughout the firm’s offices worldwide, and Skadden attorneys are admitted to practice throughout the United States as well as in more than 30 other countries and territories. In particular, our New York- based attorneys have extensively litigated in New York state and federal courts. Moreover, Skadden was the first national law firm to establish a presence in Delaware more than 40 years ago, and our Delaware litigation attorneys have a wealth of experience in the renowned Court of Chancery. Our California-based offices, in Los Angeles and Palo Alto, as well as our Washington D.C., Chicago, Boston and Houston offices, round out our national presence, allowing us to effectively handle complex disputes that may arise in any U.S. jurisdiction, or several jurisdictions at once. Our international experience, through offices in Asia Pacific, Europe and Latin America, and our numerous multilingual attorneys, further enable us to seamlessly represent clients globally and to successfully handle disputes of an international nature.

We represent clients in all stages of litigation, from applying cutting edge e-discovery capabilities to trials. Indeed, Skadden is recognized as having a leading national trial practice, and our attorneys score groundbreaking precedent-setting trial wins that are highly favorable to our clients’ bottom line. Our trial lawyers often inherit cases from other firms when trial is imminent, and we offer the capabilities to quickly pull together crisis teams to confront challenges wherever our clients face them. Moreover, our attorneys are no strangers to appellate state and federal courts throughout the country. We also frequently appear in arbitral forums, including the American Arbitration Association, JAMS, FINRA, the International Centre for Dispute Resolution and other domestic and international dispute resolution tribunals.

Our team represents clients in proceedings involving numerous government agencies, such as the Securities and Exchange Commission, the U.S. Attorney General’s Office, the Financial Industry Regulatory Authority, the New York Stock Exchange, the U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Housing and Urban Development, the U.S. Patent and Trademark Office, the U.S. Department of Labor and the Internal Revenue Service. We also serve in an advisory capacity, striving to achieve results that best align with our clients’ business goals.

Our attorneys have significant experience litigating all types of complex commercial claims, including contract disputes; fraud, breach of fiduciary duty and tortious interference claims; non-compete litigation; merger-related litigation and control disputes; joint venture and partnership disputes; bankruptcy and restructuring-related issues; and statutory claims. Our renowned securities litigation practice frequently handles some of the most challenging, high-stakes securities litigation matters, and we have served as lead counsel in several of the largest securities class actions in U.S. history. Our experience in these and other complex litigation claims spans numerous industries, including banking, energy, financial services, insurance, health care, manufacturing, mortgage, pharmaceutical, real estate, retail, technology and telecommunications.

In addition to handling some of the largest, most complex litigations, Skadden attorneys represent clients in a wide variety of pro bono matters, from trials to the U.S. Supreme Court.

Updated Sep 2024

Firm overview

Saul Ewing’s Litigation Department features approximately 200 attorneys across 18 offices, including our newest locations in Los Angeles and Irvine, California. We handle a wide range of matters including complex business and commercial disputes, bet-the-company legal proceedings, and high-profile cases in state and federal courts and Alternative Dispute Resolution (ADR) forums across the nation. We represent local, regional, national and international organizations as well as individuals across a diverse array of industries, including but not limited to energy and environmental, financial services, construction, insurance, health care, food/beverage/agribusiness, life sciences, cannabis, higher education, sports/entertainment and real estate.

Our deep bench of litigators work to protect the interests of our clients and mitigate the impact of litigation on business operations in all phases of litigation, including investigation, pleadings, motions, fact and expert discovery and depositions, hearings, trials, appeals, settlement negotiations, and enforcement of judgments. Among our ranks are seasoned trial lawyers and former government officials and prosecutors, whose insight and strategic judgment are a valuable resource to our entire team.

Our core areas of focus include:

Appellate

Class Actions

Consumer Financial Services Litigation

Cybersecurity and Privacy

Employee Benefits & ERISA Litigation

Labor & Employment

Environmental Civil Litigation

Insurance Litigation & Arbitration

Intellectual Property Litigation

Title Claims & Coverage Litigation

White Collar & Government Enforcement

Within these core areas of focus, we have extensive experience representing clients in pursuing and defending claims of breach of contract, tortious interference with contracts and business relationships, fraud and misrepresentation, lender liability, property liability, negligence, unfair competition, unfair trade practices, antitrust violations, conspiracy, RICO violations, breach of fiduciary duty, defamation, trade disparagement, false advertising, malicious prosecution, theft of trade secrets, intellectual property infringement, trespass, conversion, trust and estate controversies, partnership and corporate dissolutions and claims arising in shareholder and partner derivative actions, among others.

Our Approach: We start by tailoring a strategy to meet our clients’ objectives and risk management priorities, whether those focus on litigation avoidance, early settlement, resolution through dispositive motions, or pursuing a case through adjudication at trial. Using early case assessment tools, we develop a detailed roadmap for each case. We recognize that litigation can be expensive, distracting and time-consuming, and that our clients need cost predictability. Depending on client needs, we are able to create customized litigation plans and budgets at the matter, phase and/or task levels. Our project management team carefully monitors work volume and billing metrics to help ensure that our services align with project scope and needs, and to maximize proactive communication with clients about changes in cost, scope and/or strategy.

eDiscovery: For cases requiring electronic discovery, we rely on our in-house Litigation Support Services (LSS) team, which is driven by members with sophisticated technical knowledge and credentialing by the Association of Certified E-Discovery Specialists. With extensive experience managing complex eDiscovery collection, processing, review and production, our LSS team leverages advanced analytics and technology-assisted review to quickly identify and locate relevant information, process and analyze data efficiently, and help reduce overall litigation costs.  

Updated Sep 2024

Firm overview

Bernstein Litowitz Berger & Grossmann LLP is recognized worldwide as a leading law firm advising institutional investors on issues related to securities litigation, corporate governance, and shareholder rights. Since its founding in 1983, BLB&G has obtained over $40 billion in recoveries and achieved precedent-setting corporate governance reforms on behalf of its investor clients. A distinguished group of trial-tested litigators, BLB&G has repeatedly and consistently earned high praise from the courts, and the respect of the defense firms and insurance carriers it faces in courts and across negotiating tables.

Securities Fraud Litigation: Recognized by industry observers as one of the leading law firms worldwide representing institutional investors in complex securities fraud litigation (“the biggest star in the firmament” – Financial Times; “one of the best, bar none” – Euromoney; “consistently achieving the highest returns for investors” – The National Law Journal), BLB&G is regularly appointed by the courts as lead counsel in securities class actions, and has distinguished itself by focusing on the representation of respected institutional investors in meritorious cases. The firm is extremely selective in its prosecutions, only pursuing matters where its clients have significant holdings, and is well-known for “consistently bringing high-impact cases” (Securities Class Action Services).

The firm’s reputation for trial readiness is well-established. BLB&G has obtained many of the largest securities fraud recoveries on record, including:

• $6.2 billion recovery for investors in In re WorldCom, Inc. Securities Litigation
• $3.3 billion settlement in In re Cendant Corporation Securities Litigation
• $2.43 billion recovery in In re Bank of America Corp. Securities Litigation, by far the largest shareholder recovery related to the subprime meltdown and credit crisis
• Over $2 billion recovery for Allianz Structured Alpha investors through more than 20 direct actions
• $1.07 billion recovery in In re Nortel Networks Corporation Securities Litigation
• $1.06 billion settlement in In re Merck & Co., Inc. Securities Litigation
• $1.05 billion settlement in In re McKesson HBOC, Inc. Securities Litigation
• $1 billion settlement in In re Wells Fargo & Company Securities Litigation

Corporate Governance & Shareholder Rights: One of the first law firms to demonstrate that litigation can be an effective tool for stimulating positive change in failing corporate management settings, BLB&G is a well-recognized leader in giving shareholders a voice. The firm litigates cutting-edge fiduciary duty issues in order to maximize shareholder value, protect the shareholder franchise, and improve corporate governance practices. Additionally, BLB&G has obtained billions of dollars for shareholder investors, representing them in merger and acquisition transactions structured to deprive shareholders of fair value and unjustly enrich management. For example:

• BLB&G prosecuted the unprecedented shareholder derivative litigation against Fox News parent 21st Century Fox, Inc., arising from the systemic sexual and workplace harassment at the embattled network. The case resulted in a landmark $90 million settlement with one of the largest financial recoveries ever obtained in a pure corporate board oversight dispute. It also established the first ever board-level independent watch-dog group, the “Fox News Workplace Professionalism and Inclusion Council,” which is a model for public companies in all industries.
• The firm obtained a $250 million settlement for Allergan investors in a proxy violation of an insider trading scheme by billionaire hedge fund manager Bill Ackman. After a three-year legal battle, it created a precedent to prevent similar schemes. 
• BLB&G obtained an unprecedented clawback of approximately $920 million of ill-gotten pay from UnitedHealth’s former officers and directors – the largest recovery of its kind in history.

SPAC Litigation: As part of BLB&G’s mission to protect shareholder interests and police securities markets, the firm is actively prosecuting various claims challenging misconduct related to special purpose acquisition companies, or SPACs. BLB&G’s leadership in this space includes claims against SPAC sponsors, boards of directors, and other related parties, seeking redress for investors harmed by fraud, conflicts of interest, and statutory violations, among other things. Our interdisciplinary team of attorneys—supported by fraud examiners, private investigators, and financial analysts—has extensive experience prosecuting securities fraud claims, fiduciary duty claims, and other shareholder litigation that directly applies to the burgeoning SPAC space.

Asset Protection & Fraud Monitoring: BLB&G is the trusted securities fraud monitoring counsel for hundreds of public pension funds and institutional investors worldwide. The firm provides comprehensive analysis of the financial and business media, as well as all securities and shareholder derivative litigation to provide its institutional clients with complete reporting on potential claims that may impact their holdings.

Distressed Debt & Bankruptcy: BLB&G represents creditors’ committees, bankruptcy trustees, and investors in fixed income, high yield, and distressed debt securities. The firm has an excellent track record of seeking redress for losses under the securities laws in actions under state and federal law against prior management, auditors, bankers, and other advisors for various forms of misconduct, prosecuting claims on a contingent basis on behalf of institutions and individuals.

Commercial Litigation: BLB&G represents institutions and individuals on a contingency basis in a wide range of complex commercial litigation involving allegations of breach of contract, accountants’ liability, breach of fiduciary duty, fraud, and negligence. The firm litigates cases arising from private placements of debt or equity securities, derivatives, and other specialty financial instruments and prosecutes bankruptcy claims on behalf of creditors and litigation trusts or debtors-in-possession. BLB&G has recovered billions of dollars on behalf of institutional and individual investors, public and private companies and corporations, bankruptcy trustees, creditor committees, and various other business entities while facing down the most powerful and well-funded law firms and defendants in the country. 

Updated Oct 2024