honors + affiliations
Member, Litigation and Business Law Sections, American Bar Association
Co-Chair, Delaware Corporate Subcommittee in the Commercial and Business Litigation Committee, American Bar Association
Member, Corporation Law and Litigation Sections, Delaware State Bar Association
Participant, Federal Trial Practice Program, U.S. District Court for the District of Delaware
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Delaware
1007 N. Orange Street, Suite 501
Wilmington, DE 19801
Jody C. Barillare is an associate in Morgan Lewis' Litigation Practice. Mr. Barillare represents clients in corporate and complex commercial litigation before the Federal District Court, Delaware Supreme Court, Court of Chancery, Delaware Superior Court, and private arbitration panels.
Mr. Barillare has represented clients in a broad range of matters, including defending corporate officers and directors against breach of fiduciary duties claims, advising special committees of boards of directors, shareholder appraisal actions, and disputes over the indemnification and advancement rights of officers and directors under corporate charters and bylaws. He has also represented clients in matters involving trade secrets and unfair competition litigation, complex commercial litigation and disputes, dissolution of joint ventures, enforcing the rights and obligations of partners in limited liability companies copyright infringement litigation, white collar investigations, and has coordinated eDiscovery in various matters.
Mr. Barillare's significant representations include:
- Advising a special committee of independent directors of their fiduciary duties in conducting an auction process to negotiate the sale of an insolvent corporation where some other directors were also bidders.
- Defending a company's founder, CEO, and director against charges that he breached his fiduciary duties and engaged in self-dealing at the expense of his preferred shareholders.
- Counseling an acquiring corporation regarding the post-merger threat of a stockholder appraisal lawsuit.
- Defending a start-up health care company against allegations of improper use of trade secrets, unfair competition, disclosure of confidential information, and aiding and abetting the breach of a fiduciary duty in a case involving the defendant's hiring of plaintiff's senior employee.
- Defending a global educational textbook publisher against claims of copyright infringement brought by individual photographers and licensing agencies.
- Assisting in defending a former corporate CEO in an investigation by the U.S. Attorney's Office and the Securities and Exchange Commission.
Mr. Barillare earned his J.D. from Temple University, Beasley School of Law in 2007, where he served as managing editor of the Temple Law Review and had his note selected for publication. While in law school, Mr. Barillare also served as an intern for The Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania.
Prior to attending law school, Mr. Barillare spent four years at J.P. Morgan Chase in finance and business development, where he prepared and analyzed financial reporting as well as structured 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. He earned his B.B.A. in finance from the University of Notre Dame in 1999.
Mr. Barillare is admitted to practice in Delaware and before the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the District of Delaware.
- Temple University, Beasley School of Law, 2007, J.D.
- University of Notre Dame, 1999, B.B.A.