Jody C. Barillare

Of Counsel

Jody C. Barillare counsels corporate and individual clients in all aspects of commercial litigation, white collar criminal defense, and government and internal investigations. Jody also counsels clients in Delaware corporate actions such as defending officers and directors in breach of fiduciary duties claims, counseling special litigation committees, and handling disputes involving indemnification and advancement rights. He has litigated before all of Delaware’s state and federal courts, including the Court of Chancery and Delaware Supreme Court.

Extended Profile

Jody conducts international internal corporate investigations involving the Foreign Corrupt Practices Act (FCPA) and defends clients in investigations by the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC).

While in law school, Jody interned for Judge J. Curtis Joyner of the US District Court for the Eastern District of Pennsylvania.

Before attending law school, Jody worked for J.P. Morgan Chase in finance and business development. His work there included preparing and analyzing financial reporting, and structuring financial terms and marketing plans for consumer credit card partnerships with high-profile companies and organizations.

selected representations

Assisting in defending the former CEO of a financial services company in a criminal investigation by the DOJ and securities fraud investigation by the SEC.
Conducting an internal international FCPA investigation involving third parties for a multinational technology company.
Defending a corporate client in False Claims Act investigations by the DOJ involving international third parties.
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 insider 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 startup health care company against trade secrets, unfair competition, disclosure of confidential information, and aiding and abetting the breach of a fiduciary duty claims involving the defendant's hiring of plaintiff's senior employee.
Defending a corporation against a Title VII employment discrimination claim.

Education

Temple University, Beasley School of Law, 2007, J.D.
University of Notre Dame, 1999, B.B.A.

Admissions

Delaware
U.S. District Court for the District of Delaware
U.S. Court of Appeals for the Third Circuit

Awards and 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