Corporate and Commercial Litigation

Our Corporate and Commercial Litigation Group blends big-firm experience with partner-level attention to achieve winning results in bet-the-company litigation. Practicing primarily in the Delaware Court of Chancery and Complex Commercial Litigation Division of the Delaware Superior Court, we act as lead counsel and as collaborative local counsel in all manner of complex civil litigation, including commercial and corporate disputes, M&A litigation, business divorces, indemnification and advancement, books-and-records cases, commercial torts, and other business disputes. Our in-depth experience and local knowledge in Delaware state and federal courts allow us to effectively represent plaintiffs and defendants in a broad range of high-stakes disputes involving corporations, partnerships, limited liability companies, and other Delaware entities.

Meet the Team

David B. Anthony

Partner, Corporate and Commercial Litigation

David J. Baldwin

Partner, Corporate and Commercial Litigation

Marsha DeFreitas

Paralegal, Corporate and Commercial Litigation

Nicole DiBiaso

Paralegal, Corporate and Commercial Litigation

Periann Doko

Counsel, Corporate and Commercial Litigation

Richard I. G. Jones, Jr.

Partner, Corporate and Commercial Litigation

Michael W. McDermott

Partner, Corporate and Commercial Litigation

Peter C. McGivney

Partner, Corporate and Commercial Litigation

Zachary J. Schnapp

Associate, Corporate and Commercial Litigation

Harry W. Shenton, IV

Associate, Corporate and Commercial Litigation

Corporate Litigation

Corporate and alternative entity disputes are our bread and butter. We represent public and private companies and their directors, officers, stockholders, and members in derivative and class-action suits, corporate control disputes, merger earn-out disputes, and other litigation implicating fiduciary duties owed by company management. We routinely represent clients in applications for temporary and preliminary injunctive relief, books-and-records applications, and other forms of expedited corporate proceedings.

We pride ourselves in understanding our clients’ business objectives and working on our own or alongside out-of-town counsel to tailor the optimal approach to match the desired outcome. In addition to practicing in Delaware, our team has litigated or otherwise provided counsel in disputes involving Delaware corporate law in other jurisdictions, including New York, California, and Texas, and even in such far-flung foreign jurisdictions as Israel, Taiwan, and Latvia.

General Commercial Litigation

Causes of action litigated by Berger McDermott include breach of contract, breach of the covenant of good faith and fair dealing, trade defamation, commercial fraud, and quasi-contractual claims such as quantum meruit, unjust enrichment, and promissory estoppel.

Insurance Recovery Litigation and Advice

We have over 30 years of experience representing Delaware corporate policyholders in complex insurance coverage matters. We regularly represent policyholders in matters seeking coverage for directors and officers, property damage, business interruption, product liability, environmental liability, aircraft liability, cyber liability, and other insurance claims.

Our attorneys advise clients and potential investors about the availability and extent of insurance coverage assets that may be available for recovery. We also represent various bankruptcy stakeholders in connection with recovery of insurance proceeds when an entity declares bankruptcy.

Business Divorces

We have particularly deep experience in representing clients in business divorce matters, with a proven track record of achieving out-of-court solutions and litigation results. We secure favorable outcomes by employing a cost-effective, business-oriented approach that is unique in the litigation context.

Real Estate Litigation

We offer real estate litigation services, including complex equitable claims such as specific performance actions. Berger McDermott attorneys have successfully obtained a ruling from the Delaware Superior Court holding as a matter of first impression that vendors of land owe no duty to third parties coming on the property after the date of sale. We have also served as counsel in foreclosure actions, commercial landlord-tenant disputes, and other matters involving possession or operation of real property.

Employment Litigation

We represent clients in a full range of employment litigation matters under federal and state law, achieving favorable judgments and resolutions in the enforcement and contesting of restrictive covenants, non-compete and non-solicitation agreements, enforcement of employment agreements by terminated employees, and prosecution and defense of claims under the FLSA, ADA, and ADEA, as well as employment discrimination suits based on race, sex, and sexual orientation.

Trade Secrets

The protection of trade secrets is a principal concern for many of our clients, particularly those who have developed innovative products and services. Our proven track record gives clients the confidence to rely on us to protect their interests in litigation over trade secrets, confidential business information, and enforcement of noncompete provisions (or defending against such enforcement).

Intellectual Property Litigation

Our attorneys serve as Delaware counsel in patent, trademark, copyright, and other intellectual property litigation in the United States District Court for the District of Delaware.

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