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

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

Firm overview

Paul, Weiss, Rifkind, Wharton & Garrison LLP is a premier firm of more than 1,000 lawyers with diverse backgrounds, personalities, ideas and interests who provide innovative and effective solutions to our clients’ most complex legal and business challenges. With 11 offices across North America, Europe and Asia, and a robust international network, the firm represents many of the world’s largest and most important asset managers, public and private corporations, and financial institutions, as well as clients in need of pro bono assistance. We consistently earn high praise for our collaborative, commercial approach, providing novel and efficient solutions to otherwise intractable situations.

The firm is widely recognized as having market-leading practices in private equity, public company M&A, litigation, white collar and regulatory defense, and restructuring. Within these broad practices, we also offer numerous elite specialized practices, including finance, capital markets, investment funds, antitrust, tax and executive compensation, among others.

Litigation:

No other law firm can approach Paul, Weiss’s experience and record of success in the most complex, high-stakes litigation in U.S. federal and state courts. Our renowned trial team is a particularly powerful advantage, both in the courtroom and at the settlement table.

With a deep bench that includes many of the country’s most accomplished trial lawyers and former senior government officials, our Litigation Department is uniquely positioned to handle multifaceted crises, from sprawling cross-border, multi-regulator enforcement actions to parallel private litigation. We are regularly entrusted with fast-moving, franchise-threatening matters because of our ability to develop and execute a winning strategy, no matter the problem or adversary, and to see the matter through to the ultimate resolution, whether at trial or before the Supreme Court.

The Litigation Department includes dozens of former federal prosecutors and senior U.S. government officials, including a former U.S. Attorney General; former U.S. Attorneys for the Eastern District of New York and the Northern District of California; a former Secretary of the Department of Homeland Security; former senior leaders in the Department of Justice’s Antitrust Division; numerous senior counsel from the SEC, the CFPB, the FTC and other key U.S. regulatory agencies; and former senior members of the White House Counsel’s office.

White Collar & Regulatory Defense:

Clients facing white collar and regulatory enforcement challenges look to Paul, Weiss to protect their businesses and reputations and manage the behind-the-scenes interplay among competing regulatory and enforcement agencies. We have experience handling a vast range of regulatory and enforcement inquiries and internal investigations, including involving multiple jurisdictions. Our lawyers are adept at conducting internal investigations on behalf of companies, boards, audit committees and special litigation committees. Within the litigation and white collar and regulatory defense practices, we are widely recognized for our expertise in many specialized areas, including:

• Antitrust
• Anti-Corruption & Foreign Corrupt Practices Act
• Anti-Money Laundering
• Artificial Intelligence
• Bankruptcy Litigation
• Congressional Investigations
• Crisis Management
• Cryptocurrency & Blockchain
• Cybersecurity & Data Protection
• DEI Strategic Advisory
• Digital Technology
• E-Discovery
• Employment, Workplace Investigations & Trade Secrets
• ERISA, Pension & Benefits Litigation
• False Claims Act & Qui Tam Litigation
• Financial Services Litigation & Investigations
• Insurance Litigation
• Intellectual Property Litigation
• Internal Investigations
• International Arbitration
• Investigations
• Investment Management Litigation
• Mergers & Acquisitions Litigation
• National Security, CFIUS & FARA
• Product Liability & Mass Torts
• Civil Rights & Racial Equity Audits
• Sanctions
• Securities Litigation
• Supreme Court & Appellate Litigation
• Sustainability & ESG Advisory

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