Kevin Brady represents clients in corporate and commercial litigation in the Delaware Court of Chancery, the Delaware Superior Court and the U.S. District Court for the District of Delaware. He counsels corporations, boards of directors, officers, individual directors and individual shareholders in a wide range of issues relating to mergers and acquisitions, breach of fiduciary duty claims, fraud, advancement/indemnification, Director & Officer insurance, Section 262 appraisals and receiverships, as well as matters involving corporate governance and interpretation of the Delaware General Corporation Law and federal securities matters nationally and internationally. Kevin also serves as Delaware counsel in patent litigation as well as environmental insurance coverage litigation and Director & Officer insurance coverage litigation. Additionally, he has represented clients in complex commercial litigation, arbitration and administrative matters including class actions, mass torts, products liability, insurance coverage, fraud and breach of contract matters in numerous state and federal courts.
- Represented a major power company in an expedited action seeking injunctive relief regarding breach of a supply contract for wind turbine generators in connection with a merger;
- Represented a director against breach of fiduciary duty claims in connection with a merger;
- Represented a purchaser alleging fraud on behalf of a seller in a stock purchase agreement;
- Represented a company in a shareholder class action with allegations of breach of fiduciary duties and waste;
- Represented a family member in an international dispute regarding ownership and control of the family’s assets;
- Represented a major retailer at trial in a breach of a licensing agreement and royalty payments;
- Represented a trustee in a limited partnership dispute regarding ownership of oil and gas rights;
- Represented companies and shareholder-petitioners in Section 262 appraisal actions;
- Represented a company in a dispute with former directors regarding rights of advancement of attorneys’ fees;
- Represented a trust seeking indemnification of attorneys’ fees pursuant to the trust agreement;
- Acted as a court-appointed receiver to account for and wind up a food-distribution company;
- Represented amicus curiae before the Delaware Supreme Court on an issue regarding spoliation of information and unallocated slack space on a computer’s hard drive;
- Represented companies defending claims of infringement in the District of Delaware regarding various technologies including power management technology, outsourcing, state-governed child support payment technology, and digital camera technology;
- Represented current and former directors and officers of a major shipping company at the trial court and on appeal in a suit alleging federal securities Section 10(b)(5) claims;
- Represented Directors and Officers (“D&O”) liability insurance carriers as well as environmental insurance coverage carriers in suits brought in the Delaware Superior Court;
- Represented a governmental authority in a insurance dispute before the Delaware Insurance Commissioner regarding a challenge to the sale of an insurance carrier with liabilities related to damage to buildings at the World Trade Center in New York arising out of the 9/11 tragedy.
E-Discovery and Information Management
Intellectual Property Litigation
J.D., Widener University School of Law, magna cum laude, 1982
M.B.A. Widener University, 1983
B.A., University of Delaware, 1975
U.S. District Court for the District of Delaware and the Eastern District of Pennsylvania
U.S. Court of Appeals for the Third Circuit
U.S. Supreme Court
Vice Chair, E-Discovery Committee, Business and Corporate Litigation Committee of the American Bar Association Business Law Section (2009 - Present)
Founding Member of the Richard K. Herrmann Technology Inn of Court, Wilmington, Delaware (2009) (President, 2009 - Present)
American Inns of Court Foundation, Alexandria, Virginia (Trustee, 1998-2002)
Sedona Conference, Member of the Advisory Board (2010 – Present), Working Group on Best Practices for Electronic Document Retention and Production (2003 – Present)
Georgetown University Law Center’s Advisory Board for the Advanced E-Discovery Institute (Co-Chair, 2005-Present) and the E-Discovery Academy (2005 – Present)
BNA Board of Advisors of Digital Discovery and Electronic Evidence (Member, 2008 – Present)
University of Delaware Library Associates (Board of Directors, 2011)
Board of Bar Examiners of the Delaware Supreme Court (1997 - 2004) (Chair, 2003 - 2004)
Delaware Supreme Court’s Board on Professional Responsibility (Member, 2007 - 2011)
Delaware Court of Chancery Rules Committee (Member, 2004 - Present)
Delaware Superior Court Ad Hoc Committee on Electronic Discovery (Member, 2007 – Present)
Delaware Superior Court (Mediator and Arbitrator, 1991 - Present)
United States District Court for the District of Delaware: mediation of appeals from the Bankruptcy Court for the District of Delaware (Mediator, July 2004 - 2011)
Ad Hoc Committee for Electronic Discovery of the United States District Court for the District of Delaware (Member, May 2004 - Present)
Delaware State Bar Association, E-Discovery & Technology Law Section (Co-Chair, 2009 - Present)
Advisory Board Member, Advisen Cyber Liabilities Insights Conference, New York, NY, October 18, 2011
Board of Directors of the University of Delaware Library Associates ( 2011- Present)
Selected for inclusion in The Best Lawyers in America, named Best Lawyers’ 2014 “Lawyer of the Year” for Information Technology Law
Selected for inclusion in Chambers USA America’s Leading Lawyers in Business for Litigation: E-Discovery
Selected for inclusion in Super Lawyers
Selected for inclusion in Lawdragon 500
- “Key Delaware Corporate and Commercial Decisions from First Half of 2013” co-author, Business Law Today, September 2013.
- “Supreme Court’s Technology Vision Includes Commission, Streaming,” Delaware Law Weekly, July 2013.
- “Delaware Inside: Top Five Delaware Corporate and Commercial Decisions of 2012,” co-author, Business Law Today, February 2013.
- “When the Cloud Turns Dark: A Tale of Data Held Hostage?” BNA Digital Discovery & e-Evidence, February 2013.
- "Delaware Court of Chancery Updates E-Discovery Guidelines,” Law Technology News, January 2013.
- “Ruling in Apple v. Samsung Points Up Perils of Self-Collection Action, Faulty Lit Hold Practices,” BNA Digital Discovery and e-Evidence, August 2012.
- “Inspecting Corporate ‘Books and Records’ in a Digital World: The Role of Electronically Stored Information,” co-authored with Francis G.X. Pileggi and Jill Agro, The Delaware Journal of Corporate Law, Issue 37-1, June 2012.
- "Move Over Search Terms - Predictive Coding is the New Way to Save Time and Money in E-Discovery," The Journal of The Delaware State Bar Association, April 2012.
- “Chancery Court Addresses Issue of First Impression With an LLC Dissolution,” co-authored with Francis G.X. Pileggi, Delaware Business Court Insider, March 14, 2012.
- “When litigation is over, think about the taxable costs of e-discovery and you may ‘find the pope in the pizza’”, Eckert Seamans’ Legal Update, Spring 2012.
- “Court of Chancery Issues Practice Guidelines; District of Delaware Issues Updated Electronic Discovery Standards,” co-authored with Francis G.X. Pileggi, Business Law Today, February 2012.
- Delaware’s Noteworthy 2011 “Cost-Shifting Could Be a Pleasant Surprise After Litigation,” co-authored with Jill Agro, The Legal Intelligencer, January 31, 2012.
- “E-Discovery: Mind Your P’s and Q’s, A Mantra for E-Discovery in 2012,” Inside Counsel, January 3, 2012.
- “Chancery Applies Preliminary Injunction Standard to a Motion for a TRO,” co-authored with Francis G.X. Pileggi and Jill Agro for the Delaware Business Court Insider, August 24, 2011.
- “Delaware Court of Chancery Upholds Airgas’ Use of Poison Pill”, co-authored with Lu, Zhun, Taiwan Corporate Governance Newsletter, No. 15, 14-21, April 2011.
- “Courts Clarifying Shareholders' Rights to Information,” Delaware Business Court Insider, April 13, 2011.
- “Questions Directors Should Be Asking About Delaware Law Trends”, www.agendaweek.com, February 2011.
- “Rekindling the National Debate on Preservation Best Practices”, Pension Committee Revisited: One Year Later – A Retrospective on the Impact of Judge Scheindlin’s Influential Opinion," February 27, 2011.
- “Influential U.S. District Court Judge Urges Incorporation of the ‘Spirit’ of Discovery Rules in Freedom of Information Act Litigation”, BNA, Inc. Newsletter “Digital Discovery and E-Evidence”, Volume 11, Number 4, February 17, 2011.
- “Delaware Court of Chancery Issues Guidelines for Preservation of Electronically Stored Information”, BNA, Inc. Newsletter “Digital Discovery and E-Evidence”, Volume 11, Number 3, February 3, 2011.
- “Cloud Computing – Panacea or Ethical ‘Black Hole’ for Lawyers”, The Bencher, November/December 2010.
- “Delaware Court of Chancery Rejects Airgas’s Challenge to Bylaw Amendment Regarding Annual Shareholder Meeting; Delaware Supreme Court to Hear Expedited Appeal”, co-authored with Lu, Zhun, Taiwan Corporate Governance Newsletter, November 2010.
- “The Role of Outside Counsel in Preservation and Collection", Compliance, Governance and Oversight Council, October 2010.
- “A Closer Look at United States v. Comprehensive Drug Testing, Inc.”, BNA, Inc. Newsletter “Digital Discovery and E-Evidence”, http://news.bna.com/ddee, October 28, 2010.
- “Proxy Solicitations and Contested Director Elections”, Business Law Today, September 20, 2010.
- “Who is Mining the Store? Corporate Governance and Data Privacy/Security Issues”, Guest Contributor with Francis G.X., Pileggi, The Conference Board Governance Center Blog, September 20, 2010.
- “Is There a ‘Reasonable’ Expectation of Privacy in Today’s Electronic Information World?”, The Journal of The Delaware State Bar Association, September 2010.
- “The Sedona Conference® Commentary on Proportionality in Electronic Discovery”, The Sedona Conference® Journal, Volume 11, August 2010.
- "Inside Genger V. TR Investors." Law 360, July 2010.
- “DE Court of Chancery Adopts New Rules Designed for Fast Resolution of Business Disputes”, Law Journal Newsletters – The Corporate Counselor, Vol. 25, No. 1, May 2010.
- “Delaware Court Uses Creative Sanctions Against party for Intentionally Destroying Data in Unallocated Space in Violation of Status Quo Order”, BNA, Inc. Newsletter “Digital Discovery and E-Evidence”, January 1, 2010.
- “Managing Electronic Information in Litigation: Ethical Traps for the Unwary”, Delaware Law Developments 2010: What All Business Lawyers Need to Know, Corporate Law and Practice Course Handbook Series, Number 1-1808.
- “Don’t take a chance in DE Chancery Court,” planner and presenter for Eckert Seamans’ audio teleseminar covering the most important corporate and commercial decisions of 2012 from Delaware's Supreme Court and Court of Chancery, November 13, 2012.
- “Protecting the Corporate Director,” presented with Francis G.X. Pileggi at the ABA’s Business Law Section Continuing Legal Education seminar, June 28, 2012.
- “Recent Developments in Delaware Corporate and Alternative Entity Law,” Corporation Law Section of the Delaware State Bar Association, co-chair, Wilmington, DE, May 22, 2012.
- “Protecting the Corporate Director,” a panel discussion presented with Francis G.X. Pileggi, at the ABA’s Business Law Section’s Spring Meeting in Las Vegas, March 24, 2012.
- “Preservation & Production in ESI: What Does Cooperation Really Mean?” ALI-ABA video seminar, March 13, 2012.
- “Living In A World Of Social Networks: Understanding The Impact On E-discovery Practices,” panel discussion at the 2nd Annual E-discovery For The Life Science Industry Conference, February 27-28. 2012.
- “Francis Pileggi and Kevin Brady Discuss Top Delaware Court of Chancery Corporate/Business Rulings of 2011,” Video cast Discussion, LexisNexis Corporate and Commercial Insights, December 8, 2011.
- “Court of Chancery Clarifies Rights of Minority Shareholders Whose Equity is Diluted: Francis Pileggi and Kevin Brady Discuss Dubroff v. Wren Holdings and Chancery’s Confidential Arbitration Procedures,” Video cast Discuss, LexisNexis Corporate and Securities Law Community, November 9, 2011.
- “E-Discovery Roundtable,” presented to the Delaware State Bar Association, August 2011.
- “Recent Developments in Delaware Corporate and Alternative Entity Law,” presented to the Delaware State Bar Association, May 12, 2011.
- “Irreconcilable Differences: Director, Manager and Shareholder Conflicts in Takeover Transactions,” participant in round table discussion, The Delaware Journal of Corporate Law program, April 11, 2011.
- “Key 2010 Delaware Rulings for M&A, Corporate Governance and Alternative Entity Practice, Strategies for Dealing With Poison Pills, Top-Up Options, Proxy Access, Director Elections and LLC Operating Issues,” panelist, webinar, February 24, 2011.
- “Executive Compensation: How Much Is Too Much?” presented at the 16th Annual Rubenstein-Walsh Seminar in Professionalism and Ethics, February 18, 2011.
- “Anti-Takeover Measures: Delaware Poison Pill Cases 2010,” Speaker, Taipei, Taiwan, December 2, 2010.
- “Delaware Law Developments 2010: What All Business Lawyers Need to Know,” Practicing Law Institute, May 6, 2010.
- “Ethical Dilemmas in Representing Organizations,” and “Recent Developments in Delaware Corporate and Alternate Entity Law,” presented for the Delaware State Bar Association Corporation Law Section Program, April 29, 2010.
- “Responsibility and Risk in Electronic Records Management,” panelist, The Conference Board, A Two-Day Corporate Governance & Compliance Crash Course: Governance in a Changed Business Environment, January 14, 2010.
- “Supreme Court’s Technology Vision Includes Commission, Streaming,” quoted, Delaware Law Weekly, July 17, 2013.
- “Newegg Can't Bring Abuse of Process Claim Against Troll,” quoted, The American Lawyer, June 25, 2013.
- “Court of Chancery Announces Rule Changes and New Discovery Guidelines,” quoted, Delaware State Courts press release, December 4, 2012.
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