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Brett M. McCartney

Partner T: 302.888.6837 F: 302.571.1750
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Overview
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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. Brett represents stockholders, directors and officers in litigation in the Court the Chancery in a variety of matters, including demands for appraisal, dissolution, advancement of legal fees and expenses, requests for inspection of corporate books and records, claims regarding the election of directors and fiduciary duty disputes.  Brett represents corporations involving claims arising out of Delaware’s General Corporation Law.  He has significant experience in handling his client’s electronically stored information, in anticipation of and during litigation, in the Court of Chancery.

Brett has extensive experience representing special committees of Delaware corporations.  He has advised special committees through a variety of circumstances, including mergers, controlling stockholder conflicted transactions, debt issuances, asset sales, exploring strategic alternatives and investigations into stockholder litigation demands.  Brett has co-authored sections of an upcoming ABA treatise on special committees as well as stockholder rights plans.  Brett is regularly published in the Delaware Business Court Insider and presently sits as a member of the editorial board for the ABA Corporate Governance Committee’s InSight publication.  Brett has been recognized as a Business Litigation Rising Star by Delaware Super Lawyers®.

Experience

Special Committees 

Appraisal litigation

Corporate control disputes

Breach of fiduciary duty claims

Actions seeking advancement and indemnification

Shareholder rights disputes

Breach of contract claims

Actions brought by directors, officers, stockholders and creditors

Judicial dissolution of limited liability companies and corporations

Professional Affiliations

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

Recent Matters

Virtus Capital, L.P. v. Eastman Chemical Company, Inc.
Representing the former Special Committee of Sterling Chemicals in connection with stockholder litigation relating to Eastman Chemical Company’s acquisition of Sterling.

Special Committee of Directors of International Textile Group, Inc.
Represented the Special Committee in investigating the company’s strategic alternatives and advised the Committee throughout a merger process culminating in the minority stockholders being cashed-out at a substantial premium.

In re Interstate General Media Holdings, Inc.
Represented the former owner of The Philadelphia Inquirer in a dispute with other owners over the dissolution of the holding company and successfully obtained order requiring open-outcry auction only among members of LLC.

In re Bermor, Inc., et al.
Represented stockholder in a joint venture dissolution proceeding brought pursuant to 8 Del. C. § 273.

Special Litigation Committee of International Textile Group, Inc.
Represented Special Litigation Committee charged with investigating potential claims of wrongdoing arising out of company’s acquisition of an affiliate of the controlling stockholder.

Special Committee of Directors of International Textile Group, Inc.
Represented Special Committee of publicly traded company on debt-for-equity swap proposed by controlling creditor and stockholder of company.

Behm v. AIG
Represented a former executive of an AIG entity in AAA Commercial Arbitration. The former executive claimed the company breached a series of LLC and LP agreements with the executive that provided incentive compensation to him in the form of carried interest. Following a two week hearing, the arbitration panel awarded the former executive approximately $10.5 million in damages and retained rights to certain future profit interest from the entities.

In re Waterstone Environmental, Inc.
Represented stockholder in a joint venture dissolution proceeding brought pursuant to 8 Del. C. § 273, ultimately culminating in a settlement.

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.

Articles & Publications

Practice areas

Honors

Delaware Super Lawyer Rising Stars®, 2013

Admissions

Delaware, 2008

Pennsylvania, 2003

United States District Court, District of Delaware

United States District Court, Eastern District of Pennsylvania

Education

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

James Madison University, B.A., 2000