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Brett M. McCartney

Partner T: 302.888.6837 F: 302.571.1750
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Brett M. McCartney focuses on corporate governance and complex commercial litigation, stockholder litigation, fiduciary duties, alternative entity disputes, class action, and derivative litigation. The majority of Brett’s practice is in the Delaware Court of Chancery and the Delaware Superior Court.

Brett has represented stockholders and directors in corporate litigation in the Court of Chancery in cases involving, among other things, claims for breaches of fiduciary duties, appraisal rights, dissolution, and requests to inspect books and records. He has also assisted in counseling corporations, special committees, and alternative entities in a variety of business transactions. Brett has significant experience in handling his client’s electronically stored information, in anticipation of and during litigation, in the Court of Chancery.

Representative Matters

Corporate transactions where certain directors have conflicts of interest

Special Committee of a board of directors

Handling disputes involving managers and members of Delaware limited liability companies

Claims regarding breaches of fiduciary duties of officers and directors of corporations and alternative entities

Breach of contract claims

Inspection of books and records of Delaware corporations

Corporate dissolution

Professional Affiliations

Delaware Bar Association
American Bar Association
Pennsylvania Bar Association
Richard S. Rodney Inn of Court

Recent Matters

Arkema, Inc. v. Dow Chemical Company, et al.
Delaware counsel for plaintiff which obtained mandatory temporary restraining order requiring defendant to comply with capacity reservation agreement.

Blatt v. Dahm, et al.
Represented plaintiff in a control dispute of a Delaware limited liability company which held real estate assets in Italy.

Fleischer, et al. v. Macquarie Investment Holdings No. 2 PTY Ltd., et al.
Delaware counsel for defendants in dispute involving fiduciary duty claims against members of Delaware limited liability companies.

Represented former employee of a Fortune 100 company in an action against his former employer for breaching his incentive compensation plan in binding AAA arbitration.

Involved in counseling the special committee of a Delaware corporation regarding a debt to equity conversion transaction proposed by the majority stockholder.

Involved in advising minority shareholders of a Delaware corporation during cash-out merger negotiations that were ultimately abandoned due to threat of minority shareholder litigation against the controlling shareholder for unfair dealing.

Articles & Publications

Practice areas


Delaware Super Lawyer Rising Stars®, 2013


Delaware, 2008

Pennsylvania, 2003

United States District Court, District of Delaware

United States District Court, Eastern District of Pennsylvania


University of Pittsburgh School of Law, J.D., 2003

James Madison University, B.A., 2000