Service
Business Litigation
Montgomery McCracken’s Business Litigation Practice represents 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. Additionally, our business litigators work with their transactional colleagues to mitigate litigation risk at the deal table, often by recommending and overseeing litigation-tested process enhancements.
Business Litigation and Dispute Resolution
Members of our Business Litigation Practice 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 asset sales and financings to change in control transactions. We serve as primary counsel and also work in coordination with reputable firms located throughout the country and abroad. And we have resolved business disputes through private settlements, agency proceedings, mediation, arbitration, and trial. Where appropriate, we explore risk-sharing financial arrangements (including various types of alternative and contingent fee arrangements) with clients to mitigate the burden of potentially costly litigation.
Litigation Risk Assessment and Mitigation
Our Business Litigation attorneys do more than merely litigate. We bring insight gleaned from litigating business disputes to bear on efforts to avoid litigation. To do this, we work collaboratively with our corporate and transactional colleagues to assess litigation risk at the deal table, and to explore process enhancements designed to foreclose litigation, or mitigate exposure should a transaction (or a prospective transaction) be challenged.
Incorporates a Broad Array of Collateral Specialties
Consistent with the multi-disciplinary approach characteristic of our firm, the Business Litigation Practice draws upon a wide array of related practice specialties, including Alternative Dispute Resolution, Antitrust, Bankruptcy and Financial Restructuring, Class Action Defense, Cybersecurity and Data Privacy, Family Office, Financial Services, Insurance Recovery, Intellectual Property, Labor and Employment, Tax, and Trade Secret and Noncompete Litigation. Where appropriate, our business litigators work collaboratively with members of these and other practices in an effort to more fully understand and analyze the breadth and implications of a given dispute and achieve an outcome informed by nuanced, but often very important, legal considerations.
Experience
Business Litigation Leadership
SHARED THINKING
Important Ruling: Delaware Court of Chancery Recognizes Officer Disclosure Duty in Squeeze-Out Transaction Involving Neither Minority Vote Nor Appraisal Rights
Delaware Vice Chancellor J. Travis Laster’s recent opinion in Cygnus Opportunity Fund, LLC v. Washington Prime Group, LLC, C.A. No. 2022-0718-JTL (Del. Ch. Aug. 9, 2023) further fleshes out the […]
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Out-Of-State Defendants Beware: Supreme Court Upholds Constitutionality Of Pennsylvania’s “Consent-By-Registration” Statute, General Personal Jurisdiction Abounds
On Tuesday, June 27, 2023, the Supreme Court of the United States revived Robert Mallory’s suit against Norfolk Southern Railway Company (“Norfolk Southern”) by upholding Pennsylvania’s “consent-by-registration” statute, holding that […]
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Important Ruling: Delaware Court of Chancery Declines to Extend Corwin Protection to Post-Closing Unocal Claims for Injunctive Relief
In May this year, Delaware Vice Chancellor Morgan T. Zurn issued an opinion declining to extend the protections of the Corwin Doctrine to post-closing Unocal claims for injunctive relief. In […]
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Important Ruling: Delaware Court of Chancery Formally Recognizes and Delineates Oversight Duties of Corporate Officers
On January 26, 2023, Delaware Vice Chancellor J. Travis Laster issued an opinion of which those serving as or advising officers of Delaware corporations should take note: In re McDonald’s […]
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