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Business Litigation

Montgomery McCracken’s Business Litigation attorneys represent corporations and unincorporated business entities, their directors and partners, their financial advisors, and their shareholders and creditors in a wide array of adversarial and summary proceedings, many venued in the nation’s preeminent business tribunal, the Delaware Court of Chancery.

The Business Litigation practice has involved shareholder class and derivative proceedings, partner and member disputes, proceedings under the Delaware General Corporation Law and alternative entities laws, and other matters involving fiduciary and contract obligations.  Montgomery McCracken has both represented and prosecuted claims against individuals ranking among the highest paid executives in the United States.  We represent entire boards of directors, board committees, independent and inside directors and director groups, officers and high-level management members, as well as sophisticated shareholders, both individual and institutional.  We frequently are called upon to litigate disputes involving transactions, which range from routine asset acquisitions and divestitures to change in control transactions.  We serve as primary counsel and also as local counsel to reputable firms located throughout the country and abroad.

Representative cases include:

  • Blackthorn Partners, L.P. v. John C. Malone, et al., C.A. No. 5260-VCS (Del. Ch. 2010) (prosecution of fiduciary duty claims against directors of Liberty Media Corporation in connection with sale of business unit to DirecTV);
  • AIG Corp. Consol. Derivative Litig., C.A. No. 769-N (Del. Ch. 2004) (defense of former CEO of Gen Re in connection with shareholder derivative claims);
  • Redwood Regional Medical Group, Inc. v. Cancer Clinics of Excellence, et al., C.A. No. 6273-CS (Del. Ch. 2011) (defense of Delaware limited liability company against direct and derivative claims asserted by members);
  • Ortsman v. ADESA, et al., C.A. No. 2670-VCL (Del. Ch. 2007) (representation of Adesa’s CEO, COB and CFO against shareholder breach of fiduciary duty claims arising from private equity acquisition transaction);
  • In re Compucom Systems, Inc. Stockholders Litig., C.A. No. 499-N, 2005 WL 2481325 (Del. Ch. Sept. 29, 2005) (defense of special committee in connection with shareholder breach of fiduciary duty claims);
  • Teachers’ Retirement System of Louisiana v. Scrushy, C.A. No. 20529, 2004 WL 423122 (Del.Ch. March 2, 2004) (defense of former HealthSouth director in connection with direct and derivative shareholder claims);
  •  Chiarenza v. TransNet Corporation, C.A. No. 5597-CS (Del. Ch. 2010) (defense of Delaware corporation in connection of shareholder books and records proceeding and anticipated fiduciary duty claims);
  • In re Cal-Maine Foods, Inc. Shareholders Litig., C.A. No. 20507 (Del. Ch. 2003) (representation of sophisticated shareholder group challenging proposed freeze-out transaction);
  • Miron v. Microsoft Corp., et al., C.A. No. 1149-CC (Del. Ch. 2005) (defense of corporation and board designees in connection with direct and derivative shareholder claims);
  • Encompass Services Holding Corp. v. Prosero Inc., C.A. No. 578-N, 2005 WL 332810 (Del. Ch. Feb. 3, 2005) (statutory shareholder appraisal action);
  • Sicking v. JetStar Holdings, Inc., C.A. No. 2232-N (Del. Ch. 2006) (statutory shareholder appraisal action);
  • Olson v. Microsoft Corp., et al., C.A. No. 06C-01-355 (Del. Super. 2006) (defense of corporation in connection with contractual employment claims);
  • CertainTeed Corp. v. Celotex Corp., C.A. No. 471-N (Del. Ch. 2004) (defense of seller corporation and related entities in connection with claims arising from asset acquisition transaction); and
  • Trull v. Microsoft Corp., C.A. No. 97CH3140 (Cook Co., Ill., Chanc. Div. 1997) (defense of corporation against consumer class action).
For More Information

To find out how the Business Litigation practice can help your business, please contact Richard G. Placey by phone at 302-504-7880 or by email at rplacey@mmwr.com.