Nicholas J. Brannick practices in the area of corporate bankruptcy and restructuring, representing creditors, contract counterparties, commercial landlords, trade creditors and other parties in Chapter 11 bankruptcy proceedings. Additionally, Nick has represented debtors and creditors committees in Chapter 11 cases in industries such as airlines, agriculture, software, paper manufacturing, and director-to-consumer sales. Nick has also litigated a variety of issues in bankruptcy , such as property tax assessments, WARN Act suits, the Montreal Convention, Ponzi schemes and intellectual property rights. Nick successfully argued a case creating precedent within the Fifth Circuit regarding the rejection of executory contracts that are not placed on a debtor’s schedules. See RPD Holdings, L.L.C. v. Tech Pharm. Svcs., (In re Provider Meds, L.L.C.), 907 F.3d 845 (5th Cir. 2018).
Nick also has substantial experience in real property assessment issues in Delaware. He was the lead defense attorney in litigation brought to compel all three of Delaware’s counties to conduct general reassessment. He has participated in dozens of property tax assessment appeals, including an appeal regarding one of Wilmington, Delaware’s premier office towers. Nick assisted in drafting Delaware legislation adopted by the Delaware General Assembly requiring reassessment every five years and testified in support of that legislation several times.
Additionally, Nick has experience in corporate and commercial litigation and municipal litigation. He has represented shareholders and directors in shareholder suits, books and records demands, board control disputes and appraisal actions in the Delaware Court of Chancery. He has represented government entities and employees in section 1983 civil rights suits and litigation across a broad spectrum of areas, including defamation, property taxation, surety and bond enforcement, and general tort claims.
- Toner v. Meyer, 2020 Del. Super. LEXIS 2819 (Del. Super. Ct. Oct. 1, 2020): Obtained dismissal of defamation claims brought against government official.
- Hoyd v. Trussway Holdings, LLC, 2019 Del. Ch. LEXIS 72 (Del. Ch. Feb. 28, 2019): Successfully represented respondent in appraisal action in which Chancery Court rejected petitioner’s valuation.
- Brown v. Keller, 2018 Del. Ch. LEXIS 580 (Del. Ch. Dec. 21, 2018) : Represented directors and officers of publicly traded company in board composition dispute in which court denied controlling shareholders’ motion for summary judgment to enforce consents removing board members due to alleged inequitable conduct of controlling shareholders.
Board Memberships & Community Service
President, White Clay Creek Cemetery Association Board of Trustees
Order of the Coif
Staff member, Ohio State Law Journal
Wittenberg University (B.A., summa cum laude, 2001)
U.S. District Court for the Southern District of New York
U.S. Court of Appeals for the Fifth Circuit