Bayard, P.A.

Chairman: Brett McCartney, Esquire

Number of partners: 14

Number of other attorneys: 9

Firm Overview:

Bayard is one of Delaware’s premiere law firms. Its philosophy is simple — to provide clients with the highest level of legal service in a timely and cost-effective manner. Bayard is known for the sophisticated specialization, found at larger firms, and the attorney accessibility more often found at smaller firms. It has nationally recognized practices in commercial bankruptcy, corporate and commercial litigation, intellectual property litigation, securitization, and structured finance. Other established practice areas include entity formation, real estate litigation, insurance, tax, estate planning, estate administration, and domestic relations. Bayard is the sole Delaware member of Meritas®, the largest worldwide association of business law firms. The firm’s subsidiary, The Delaware Corporation Agency, Inc., provides document filing services and document retrieval services with respect to the records of the Secretary of State of the State of Delaware, and serves as registered agent for Delaware business entities.

Main Areas of Practice:

Bankruptcy & Creditors’ Rights:

Bayard serves as counsel to debtors, statutory committees, trustees, and lenders, as well as other parties in Chapter 11 and Chapter 7 bankruptcy cases. It also represents parties in state court receiverships and insurance company rehabilitations or liquidations and out-of-court workouts. Bayard represents clients in a number of jurisdictions, but it focuses its practice in Delaware; a venue of choice for business reorganizations in the United States. It has participated in most of the significant bankruptcy cases in Delaware in the last two decades.

Corporate & Commercial Litigation:

Bayard has broad experience in all types of business litigation matters in state and federal courts in Delaware. Bayard has substantial expertise in corporate litigation in the Delaware Court of Chancery, the preeminent state court in the United States for the adjudication of corporate matters. Bayard litigators represent clients in all types of corporate litigation, including contests for the control of boards of directors; corporate election disputes; stock appraisal cases; stockholder class and derivative actions; proceedings involving the rights of preferred stockholders and debt holders; and, expedited proceedings for the inspection of corporate records. Bayard’s litigators also have extensive experience in business divorces and dissolutions and have contributed to treatises on the subject. Bayard also litigates commercial disputes in state and federal courts in Delaware and other jurisdictions.

Corporate/Mergers & Acquisitions/Alternative Entities:

Bayard regularly advises clients in connection with Delaware entity formation and operation, governance advice, third party legal opinions, mergers, acquisitions, conversions and divestitures. Its attorneys are experienced in negotiating and drafting documents, providing advice on the requirements of Delaware law, and rendering opinions of counsel on Delaware entity law and contract law. Bayard’s clients range from small businesses including non-profit agencies to large corporations. Bayard’s corporate transactional attorneys focus on transactions involving Delaware business entities, including corporations, partnerships, limited liability companies and statutory trusts. Bayard also handles structured finance and secured transactions.

Intellectual Property:

Bayard’s Intellectual Property Group has extensive experience serving as Delaware counsel in legally and technically complex patent litigation and commercial litigation pending in the District of Delaware, one of the busiest venues for patent litigation in the U.S. Bayard attorneys routinely handle intellectual property matters involving patent infringement, copyright infringement, and trademark matters. Bayard’s representations include advising clients on trademark and domain name matters; preparing, prosecuting, and maintaining state and federal trademark applications; advising clients in connection with merger and acquisition transactions in which intellectual property assets are being acquired, advising clients in connection with loan transactions in which intellectual property assets are serving as collateral. Bayard attorneys advise clients regarding software and intellectual property licenses and have experience drafting such licenses.

Taxation, Estate Planning & Probate:

Bayard has significant experience in estate and trust planning, estate and trust administration, business transactions, tax, and fiduciary litigation. Bayard estate planning attorneys are well-versed in more sophisticated planning vehicles including life insurance trusts, asset protection trusts, grantor trusts, and dynasty/generation skipping trusts. They prepare the necessary documents for family, property and business planning needs, and potential death tax liability, including simple wills, revocable trusts, powers of attorney, health care directives, and related documents. Bayard’s estate planning, tax, and transactional attorneys work together on the formation and operation of a variety of business entities, including business succession planning.

Family Law:

Bayard provides a full range of domestic legal services to high net worth individuals in the areas of divorce and separation, property division, child custody and support, negotiation of prenuptial agreements, and adoption.