Bernard G. Conaway
Firm: Cohen Seglias Pallas Greenhall & Furman PC
Address: 1007 North Orange Street, Suite 205
Wilmington, DE 19801
Membership: Associations•Delaware State Bar Association (DSBA) •Federal Bar Association (FBA)
University: York College of Pennsylvania, B.A., 1983, Widener University School of Law, J.D., 1989
Admitted: 1990, Delaware; 1991, U.S. District Court, District of Delaware; 2006, U.S. Court of Appeals, Third Circuit
Biography: BERNARD G. CONAWAY is Co-Chair of the Firm's Alternative Dispute Resolution (ADR) practice and a Partner in the Firm's Wilmington office where he focuses on ADR, bankruptcy, practice before the Delaware Court of Chancery, corporate and alternate entity governance under Delaware law and complex civil litigation. In twenty-five years of practice, Bernie has been involved in every facet of complex civil litigation serving a lead and local counsel, as Special Master, as a mediator and party selected arbitrator. He served nine years as Delaware's Special Master of Complex Litigation and was appointed Special Master in numerous complex commercial matters. Bernie practices in every Delaware state and federal court, with a special focus on the Delaware Court of Chancery.Since 1994, Bernie has served as an arbitrator and mediator. Since then he has mediated hundreds of large complex, multi-party, multi-level insurance, construction, bankruptcy, environmental, and commercial cases. He has mediated law firm break-ups, intra-company disputes, governance and financial disputes between alternate entity members and personal injury claims. Bernie has served for over ten years as a mentor in the Delaware Superior Court's mediation training program. He formerly served as adjunct instructor at the National Judicial College in Reno, Nevada teaching civil mediation.Bernie frequently appears in Delaware's Court of Chancery on matters involving books and records demands under Section 220 of the Delaware General Corporate law, Section 274 dissolutions, director and officer demands for indemnification and advancement, injunctive relief, specific performance, quiet title actions, guardianship, trust and estate litigation and other equitable claims. In his bankruptcy practice, Bernie represents creditors, debtors, directors and defends preference claims in courts across Delaware. He defends clients against preference and insider claims and serves as local counsel for a variety of creditor and security interest claims.Bernie volunteers his time to a number of boards and committees. Over the past fifteen years he has worked with Widener University School of Law Alumni Association, the York College of Pennsylvania Collegiate Counsel, St. Thomas More Society of the Archdiocese of Wilmington, Caesar Rodney Rotary Club, Colin J. Seitz Bankruptcy Inn of Court, Wilmington, Richard S. Rodney Inn of Court, Wilmington, and Superior Court Committee on Complex Litigation. He currently serves as a volunteer attorney Guardian Ad Litem for Delaware children and has done so for over ten years. Events•Delaware Trial Lawyers Association's 2015 Annual Meeting: ADR Panel June 12, 2015 - Rehoboth Beach, DE •Using the ACA to Minimize Damages Presentation December 9, 2014 - Wilmington, DE •ADR in Practice: A Lawyer Roundtable February 11, 2014 - Newark, DE Experience•Represented a corporate client opposing a director's 220 action involving an onerous demand for books and records. The Chancery Court dismissed the matter without production of any records and without answering the complaint. •Settled a multi-million dollar bankruptcy preference claim asserted against one of the world's largest aluminum suppliers. The case was complicated by the interplay between US and INCO maritime conventions as well as US, UK and Bahrain law. •Successfully secured liquidation of a client's LLC interest in the face of vigorous opposition involving protracted discovery, trial, and appeal to the Supreme Court of Delaware. •Following a year long effort, successfully mediated virtually all of the pending state court abuse claims brought against multiple religious order entities affiliated/working with the Diocese of Wilmington. The mediation was complicated by the number of claims, multiple insurers' reservations of rights, unresolved and novel legal questions, funding issues, and the Diocese's then pending bankruptcy. •Served as local counsel for an ad hoc consortium of preferred security holders in the Chapter 11 of Washington Mutual, Inc. •Served as local counsel to an indentured trustee and an Ad Hoc Committee of bondholders in an expedited Delaware Chancery Court trial and successfully appealed matter to the Supreme Court of Delaware resolving a dispute over Calpine's use of $700 million subject to lien indenture restrictions. •Served as local counsel to bondholders holding $2 billion in Countrywide Series B May 2007 bonds in an action seeking a determination whether the acquisition of Countrywide constituted a “change of control” and therefore triggered bondholder put rights. The matter was settled and the bondholders were paid nearly $2 billion (i.e., close to par) for their bonds. •Successfully defended the former CEO of a major imaging company against claims of preference, fraudulent transfer, and insider trading. •Frequently draft LLC and Series LLC organizational documents for Delaware real estate investors including completion of client tailored limited liability agreements. •Often represent pro bono, minor children in actions where the state is seeking to terminate parental rights. AwardsBernie has achieved an AV Preeminent Peer Review Rating for professional ethical standards and legal ability by Martindale-Hubbell.