Business Litigation

Montgomery McCracken’s Business Litigation attorneys represent corporations and unincorporated business entities, their officers, directors, partners and managers, their financial advisors, and their shareholders and creditors in a wide array of adversarial and summary proceedings. These matters have been pursued and resolved in venues across the country, including the Delaware Court of Chancery, the nation’s preeminent business tribunal.

Members of our Business Litigation Practice Group have litigated and resolved shareholder class and derivative proceedings, partner and member disputes, proceedings under the Delaware General Corporation Law and alternative entity laws, and other matters involving fiduciary and contract obligations. We have both defended and prosecuted claims against corporate fiduciaries, including some of the most highly compensated executives in the United States. We represent boards of directors, board committees, independent and affiliated directors and director groups, C-suite officers, managers and managing partners, 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.

Consistent with the multi-disciplinary approach that is a hallmark of our firm, our Business Litigation practice encompasses a wide array of critical specialties, among them: insurance recovery, white collar crime and government investigations, Antitrust, tax, financing, and data privacy and cybersecurity. Where appropriate, our business litigators work collaboratively with members of our Corporate and Securities, Labor and Employment, Tax, and other practice groups throughout the firm.

Representative Cases

  • 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 (then the CEO of Caremark Rx) 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 contract-based 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)