In his litigation practice, Jody C. Barillare resolves issues in complex corporate, commercial and fiduciary matters. Representative of Jody's experience are such matters as:
· Advising a Special Committee of independent directors directing an auction process to negotiate the sale of a corporation on the verge of bankruptcy where some interested directors were also bidders. Advised the Committee on their fiduciary duties in conducting the sale process and in negotiating certain terms of the sale agreement, including "no shop" and "fiduciary out" provisions.
· Assisted in Court of Chancery proceeding to interpret the buy-out provision in a stockholder agreement.
· Determination and advice on whether a joint venture agreement can be dissolved under Delaware law.
· Claims by a defendant director that the plaintiff's breach of fiduciary duty action was barred by the statute of limitations. Plaintiff claimed that the defendant's fraudulent concealment tolled the statute of limitations and prevented the action from being time barred.
Jody has assisted lead counsel in disputes involving breach of fiduciary duties, breach of contracts, dissolution of joint ventures, rights and obligations of partners in limited liability companies, mechanic's liens, and tolling of the statute of limitations.
Honors and Awards
· Federal Trial Practice Seminar, Participant
· Temple Law Review, Managing Editor
Activities and Affiliations
· Delaware State Bar Association, Corporation Law, Litigation and New Lawyers Sections, Member
· American Bar Association, Litigation, Business Law, and Young Lawyers Sections, Member
· Federal Bar Association, Member
· St. Thomas More Society, Executive Committee
· Wilmington Friends School Mock Trial Team, Coach
· University of Notre Dame Alumni Club of Delaware, Member
Prior Work Experience
Prior to law school, Jody spent four years at J.P. Morgan Chase in finance and business development where he helped structure financial terms and marketing plans for complex consumer credit card partnerships with companies and organizations such as Amazon.com, Starbucks, the NHL's New Jersey Devils, Volkswagen, and Duke University.
Publications
2008 to Present
Delaware Business Litigation Report
A Morris James blog including summaries and analysis of recent Delaware court decisions concerning business-related litigation.
2006
As its Next Witness, The State Calls...the Defendant: Brain Fingerprinting as "Testimonial" Under the Fifth Amendment
Clerkships
Intern for The Honorable J. Curtis Joyner, U.S. District Court, Eastern District of Pennsylvania