T. Brad Davey

Brad Davey's practice focuses primarily on business, corporate and alternative entities litigation in the Delaware Court of Chancery. He frequently advises directors, acquirers and financial advisors in connection with mergers and acquisition and related litigation. In addition, Brad has substantial experience litigating and providing advice regarding various proceedings under the Delaware General Corporation Law, including appraisal, advancement and indemnification, books and records demands, and director election contests. Brad has also assisted companies from a wide range of industries with special investigations of alleged improper conduct.

Brad is a frequent speaker at a variety of corporate law seminars and symposia, including the Tulane Institute of Corporate Law and the University of Pennsylvania Institute of Law and Economics as well as seminars sponsored by the Practicing Law Institute and the American Bar Association.

A longtime participant in firm committees, Brad currently serves as a member of Potter Anderson's Executive Committee.

Representative Matters

• Represented Central American Mezzanine Infrastructure Fund L.P. and Camex Port LLC in securing award of summary judgment in 6 Del. C. § 18-110 action, a decision affirmed by the Delaware Supreme Court
• Represented a special committee of directors of KnowBe4 in sale of the company to Vista Equity Partners
• Represented a special committee of directors of Constellation Brands in connection with down-convert transaction, eliminating company’s dual-class structure
• Represented Hillrom, Inc. in connection with expedited “busted deal” litigation with Bardy Diagnostics
• Represented a special committee of directors of Health Fidelity in connection with the sale of the company to edifecs
• Represented Fresenius in expedited “busted deal” litigation with Akorn, Inc., the first ever case in which the Court of Chancery found a material adverse effect
• Represented a special committee of directors of Connecture in connection with the sale of the company to Francisco Partners

• Represented the board of Simon Property Group in stockholder litigation challenging executive compensation
• Represented NAMA Holdings LLC in protracted litigation with The Related Companies concerning a breach of contract
• Represented El Paso Corporation in a suit by unitholders of El Paso Pipeline Partners alleging breach of fiduciary duty in connection with the sale of El Paso to Kinder Morgan
• Represented a special committee of directors of Quest Software in connection with the sale of the company to Dell and related stockholder litigation
• Represented the former directors of Massey Energy Company in connection with the acquisition of Massey by Alpha Natural Resources and related stockholder litigation
• Represented major financial institutions in connection with Apollo's abandoned acquisition of Huntsman Chemical Corporation

Publications

News

Events & Speaking Engagements