The Delaware legal community works fast and works smart. We have to. Cases come to us from all 50 states, all the time, from companies seeking the sophistication and business-savvy fairness of the Delaware legal system. They need local lawyers who can add value from long experience inside that system.
That leads them – or their primary outside counsel - to us. We know Delaware law in all its nuances. Our partners serve on the various committees that regularly draft amendments to Delaware’s entity and other laws. We know Delaware judges, having appeared before them countless times. We usually know opposing counsel, having worked either with or against them in the past. Our legal culture is clearly defined, known for its civility, collegiality, and fairness. In Delaware, local knowledge counts for a lot. So do we.
Bankruptcy and Restructuring
Our clients are in every kind of business. Their legal departments range from large to small to even non-existent. Their legal needs are many and varied — delivering of third party legal opinions to lenders and rating agencies in complex public and private financing transactions, executing mergers, developing real estate, drafting partnership, limited liability company, corporate, shareholder, and trust agreements, complying with employment regulations, settling disputes, and generally dealing with the myriad of day-to-day issues that go into running a business.
Our attorneys help middle-market businesses in the areas they need it most. We act as their primary, or sole, outside counsel, or collaborate strategically with lead counsel in other jurisdictions throughout the world to address Delaware law issues. In labor and employment matters, we approach possible lawsuits with a keen sensitivity to the accompanying economic, enterprise, and human issues. In transactions, we counsel them on the strategic, legal, and tax implications of various acquisition scenarios. For all types of Delaware entities — conventional and alternative — we render highly regarded opinions on issues of Delaware law including formation and governance, and we help fiduciaries meet their responsibilities. When real estate is involved, our long experience with developers, lenders, and regulators helps remove obstacles and move deals ahead. In addition to rendering tax and transaction structuring advice in an almost unlimited variety of complex business transactions, our attorneys provide income, estate, trust, and gift tax advice to business owners, business executives, and their families.
Young Conaway offers business owners a practical approach that avoids or prevents litigation whenever possible, and actively seeks out the solutions that lead to the best strategic outcomes.
Corporate Litigation and Counseling
Internal governance issues and the lawsuits that so often accompany them play a large role in our practice. Especially in the context of corporate transactions, these issues demand deep knowledge of Delaware law and its exacting standards. We counsel directors, officers, and other fiduciaries on their responsibilities, and we defend them, when necessary, in litigation.
In high-stakes litigation, our clients and co-counsel rely on us to help them assess the factual, legal, and logistical complexities. We evaluate the structures and provisions of the deal — many of which have broken new ground in the field — in ways that both anticipate and avoid future litigation. When lawsuits do in fact threaten the deal, we are adept at resolving them, often in expedited proceedings before the Delaware Court of Chancery.
As an epicenter of high-stakes intellectual property litigation, the Delaware courts, particularly the United States District Court for the District of Delaware and the Delaware Court of Chancery, regularly adjudicate some of the nation’s most important intellectual property disputes. Whether the dispute concerns patent or trademark rights, protection of trade secrets and proprietary information, or a license for use of intellectual property, these cases are marked by deep complexities in their points of law, their technical subject matter, their multiplicity of claims, and their large troves of discovery material. In these cases, our experienced team provides deep insights into the inner workings of our court system, its procedures, and the preferences and inclinations of its judges.
We serve both as co-counsel to major national law firms and as sole counsel to a wide range of companies with IP issues. Our attorneys are known for their ability to understand the technologies at issue and then translate the material into compelling narratives. In an IP environment where the law constantly changes to keep pace with advances in technology, our technical acumen, persuasive writing, and compelling legal arguments frequently lay the foundation for successful outcomes.
Young Conaway's Cybersecurity, Privacy and Data Protection practice assists businesses in meeting their goals and obligations to protect the integrity, privacy, and security of confidential data and information. Data breaches have grown in frequency and severity, and can wreak devastating results on compromised entities. Businesses of all sizes are vulnerable because information is often a key component of a company’s assets. In addition, rapidly changing technology, the evolving litany of federal and state laws and regulations, and contractual and ethical obligations all impose specific standards of privacy and security protection on any organization that maintains another party’s private information.
The Cybersecurity, Privacy and Data Protection team works with companies to craft and implement strategies that are tailored to address their data-protection goals and compliance obligations. Team members help clients develop a comprehensive and proactive approach to improve their ability to prevent, mitigate, and quickly respond to incidents affecting confidential information. Our team also works with clients to assess and develop responses for various types of information-security incidents, including data breaches that may give rise to notification obligations or litigation. Because our team is represented by a cross-section of Young Conaway’s business-related practice areas, our service is multi-faceted and necessarily includes the experience and skills of our transactional, business planning, and litigation practitioners.
Litigation and Trial Practice
The hallmark of a successful trial practice is a willingness to go to trial. While this may seem obvious, there is no small number of trial lawyers whose appetite for the courtroom is tepid at best. At Young Conaway, our litigators are known to relish their time in the courtroom, and they prepare every case as if it is surely being litigated to verdict. This serves notice to the other side that they are in for a fight, which raises the chances of a favorable settlement.
Our litigation and trial practice encompasses a broad spectrum of actions for both businesses and individuals. On the business side, we are often involved in litigation related to mass torts, insurance coverage, environmental issues, non-profit entities, and complex business disputes of every kind. We help companies assess their litigation risk, weigh their options, and arrive at a resolution in keeping with their business objectives and risk tolerance.
For individual clients, we handle all manner of personal injury claims, including auto accidents, workers’ compensation, and medical negligence. We inform these individuals of every option and make sure they understand each step in the process. In most cases, we help them reach favorable resolutions, whether through settlement, mediation, arbitration or, indeed, at trial.
