Biography
Brad Davey is a leading corporate litigator. As Practice Group Leader for Potter Anderson’s Corporate Litigation Group, his practice focuses on business, corporate and alternative entities litigation in the Court of Chancery and the Delaware Supreme Court. Brad has deep experience litigating and providing advice regarding all aspects of the Delaware General Corporation Law, including proceedings involving appraisal, advancement and indemnification, books and records demands, and director election contests.
He also advises directors, acquirers and financial advisors in connection with mergers and acquisitions and related litigation. Likewise, he regularly advises board committees in connection with investigations and conflict transactions.
Past clients have singled Brad out for his “excellent judgment about how to handle complex situations” in the Court of Chancery and beyond. (Chambers USA Guide) They have also lauded his “deep knowledge” of Delaware practice, procedure and precedent and praised him as a “very smart and hardworking” litigator. (Chambers USA Guide)
Members of the Delaware judiciary have also recognized Brad’s good judgment and standing among his peers. Brad has been appointed to serve as a special magistrate in a variety of matters, and the Chancellor has also appointed Brad to the Court of Chancery’s rules committee. Brad is an executive editor of Corporate and Commercial Practice in the Delaware Court of Chancery, the leading treatise on litigation in the Court of Chancery.
Brad is also a frequent speaker at a variety of high-profile 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.
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Practice Areas
Experience
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
Professional Activities & Recognition
Honors & Recognitions
Recognized by Chambers USA: America's Leading Lawyers for Business in the Chancery area
Recognized by The Best Lawyers in America® in Corporate Law, Corporate Governance Law, Commercial Litigation, and Litigation - Mergers and Acquisitions (2019 - present)
Recognized by Super Lawyers in Business Litigation (2021 - present)
Professional
American Bar Association
New York State Bar Association
Education
University of Virginia, J.D., 2003; Articles Editor, Virginia Law Review, Order of the Coif
Emory University, B.A., 1998; Phi Beta Kappa
Bar & Court Admissions
Bar Admissions
- Delaware
New York
District of Columbia