Cases
Recent Representative Matters: Representing corporate directors in expedited election dispute
Defending former managers of Delaware limited liability company in fiduciary duty litigation
Defending financial sponsor against claims for aiding
abetting alleged breaches of fiduciary duty in connection with change of control transaction
Prosecuting a private arbitration brought to enforce a settlement agreement
Advising corporate directors in connection with a contested annual meeting to elect directors, assisting with the conduct of the meeting
defending the corporation in related litigation
Prosecuting claims on behalf of investors in private Delaware corporation for securities fraud, breaches of fiduciary duty
breaches of an exclusive marketing agreement
Prosecuting an acquirer's claims for seller's post-closing breaches of non-competition obligations
Advising private equity firms
the directors
managers of their portfolio companies in connection with the payment of dividends in recapitalization transactions
Representing selling stockholders in post-closing indemnity dispute for release of funds held in escrow
Defending an issuer of notes against claims for alleged breaches of a trust indenture
Other Representations: Successfully prosecuting an expedited advancement action brought by a former director
officer of a publicly-held Delaware corporation. Blankenship v. Alpha Appalachia Holdings, Inc., 2015 WL 3408255 (Del. Ch. May 28, 2015).
Successfully representing the acquirer of a startup medical company in a bet the company case to decide the ownership of certain intellectual property. ReCor Medical, Inc. v. Warnking, 2013 WL 3760022 (Del. Ch. May 31, 2013), aff'd, 2014 WL 457786 (Del. Feb. 3, 2014).
Securing a novel contempt order permitting client, a significant investor in defendant Delaware corporation, to put his shares in the company, followed by the appointment
representation of a receiver to seize company assets in the British Virgin Isl
s, Hong Kong, China,
New York to obtain payment for the client's shares. Deutsch v. ZST Digital Networks, Inc., C.A. No. 8014-VCL (Del. Ch. Mar. 20, 2013) (Order).
Successfully prosecuting fiduciary duty claims on behalf of former minority members of a Delaware limited liability company who were subjected to a squeeze-out transaction. Auriga Capital Corp. v. Gatz Properties, LLC, 40 A.3d 839 (Del. Ch. 2012), aff'd, 59 A.3d 1206 (Del. 2012).
Successfully prosecuting appraisal claims by institutional investors in a publicly traded corporation following a going-private transaction. Global GT, L.P. v. Golden Telecom, Inc., 993 A.2d 497 (Del. Ch. 2010), aff'd, 11 A.3d 214 (Del. 2010).
