Delaware Chancery Court Litigation

Home to approximately 50% of publicly traded companies and 66% of Fortune 500 companies, Delaware is the leading state of incorporation in the United States. As a result, Delaware’s state courts are a leading venue for corporate and commercial litigation.

Efficient resolution for corporate and commercial disputes

With sophisticated litigators located directly in Delaware, our team has the experience you need when prosecuting or defending complex corporate and commercial litigation in Delaware’s state courts. While our attorneys are versed in all aspects of the litigation process, including trial, we also routinely help clients resolve disputes prior to litigation and consult on fiduciary duties and corporate formalities. If litigation is commenced, we continue to explore ways to resolve pending litigation prior to incurring the costs of protracted litigation.

Our Delaware litigation team routinely handles the following types of cases:

• • Fiduciary Duty – we represent stockholders, officers and directors in claims involving breach of fiduciary duty.
  • Board Control – we represent officers and directors in disputes over the control or composition of the board and the removal of executives under 8 Del. C. § 225.
  • Books and Records Demands – we assist companies and shareholders in resolving and litigating demands to inspect the books and records of the company under 8 Del. C. § 220 and 6 Del. C. § 18-305.
  • Closely Held Company Disputes – we represent shareholders and members of closely-held companies in disputes over contract rights, shareholder and member rights and similar disputes.
  • Earn-Outs – we represent sellers seeking to recover on earn-outs withheld by purchasers.
  • Trade Secrets – we represent parties in trade secret litigation arising both in the commercial and employment contexts.
  • Employment and Business Sale Restrictive Covenants – we represent parties in connection with proceedings seeking injunctions and damages for breaches of non-compete, non-solicit and confidentiality provisions, including fast-track expedited litigation seeking temporary restraining orders and preliminary injunctions.

The Delaware Way

Our attorneys also frequently serve as Delaware counsel, helping co-counsel navigate Delaware’s courts and the “Delaware Way,” an unwritten standard of professionalism and collegiality that makes it possible to resolve and litigate cases efficiently.