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.
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
Delaware Bar Association
American Bar Association
Pennsylvania Bar Association
Richard S. Rodney Inn of Court
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.
News & Media Mentions
- January 2, 2014
- January 9, 2013Delaware Super Lawyers®
- Significantly Expanding Its Real Estate and Land Use Practice, Morris James Welcomes Partner A. Kimberly Hoffman and Associates James A. Landon and Brett M. McCartneyJuly 9, 2009
Articles & Publications
- August 31, 2016Delaware Business Court Insider
- August 2016Insights- ABA Business Law Section Volume II, Issue IV
- July 13, 2016Delaware Business Court Insider
- May 2016Insights- ABA Business Law Section Volume II, Issue III
- May 25, 2016Delaware Business Court Insider
- April 4, 2016Delaware Business Court Insider
- February 24, 2016Delaware Business Court Insider
- November 12, 2015Delaware Business Court Insider
- September 23, 2015Delaware Business Court Insider
- August 17, 2015Delaware Business Court Insider
- June 17, 2015Delaware Business Court Insider
- April 29, 2015Delaware Business Court Insider
- March 12, 2015Delaware Business Court Insider
- January 21, 2015Delaware Business Court Insider
Latest Blog Posts
Delaware Super Lawyer Rising Stars®, 2013
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