A&L’s founding partners have been involved in over 100 decisions and many more cases.  Some examples of the types of litigation that A&L frequently handles include:

  • Advancement and Indemnification Litigation – We regularly represent directors, officers, employees, agents, or other individuals asserting claims for advancement or indemnification, as well as corporations and other business entities defending against such claims.

    • In Kapoor v. Fujisawa Pharmaceuticals, Ltd., Kevin Abrams and Travis Laster represented a director and officer in one of the earliest advancement cases that established numerous precedents on advancement issues.

    • In Yuen v. Gemstar-TV Guide International, Inc., Travis Laster obtained a decision on a matter of first impression in which the Court of Chancery dismissed advancement claims in favor of arbitration.
  • Appraisal Proceedings – We have particular experience litigating appraisal proceedings, both on behalf of appraisal claims and respondent corporations.

    • In Gonsalves v. Straight Arrow Publishers, Inc., Kevin Abrams obtained a fair value award substantially in excess of the merger consideration after a multi-year battle that included two successful appeals from adverse preliminary rulings.

    • In Finkelstein v. Liberty Digital, Inc., Kevin Abrams led the defense of an appraisal action and obtained a fair value determination below the merger price, one of only a handful of Delaware cases ever to reach that result.
  • Books and Records Actions – We represent both plaintiffs seeking to compel the production of books and records and defendants seeking to resist production.
  • Corporate Control Litigation – We have particular expertise in litigation surrounding contests for corporate control and regularly represent bidders, targets, significant stockholders, or board factions in corporate control disputes.

    • In Chesapeake Corp. v. Shore and Mentor Graphics Corp. v. Quickturn Design Systems, Inc., A&L attorneys represented the bidder and successful plaintiff in each of the only rulings since 1987 in which the Delaware courts have invalidated a defensive measure adopted by a target board in the absence of a competing bid or auction context.

    • In In re The MONY Group Shareholders Litigation, Travis Laster led the successful defense of a merger and successfully against two preliminary injunction applications.

    • In ODS Technology, Inc. v. Marshall, Kevin Abrams and Travis Laster obtained a preliminary injunction against a stockholder vote on various charter amendments.
  • Derivative Actions – We have extensive experience with derivative actions and related special committee work.

    • Kevin Abrams represented Caremark Corporation in the seminal duty of oversight decision.
    • Travis Laster represented the Special Committee of Abercrombie & Fitch Company that negotiated a settlement of derivative litigation over the CEO’s compensation.
  • Going Private Litigation – A&L attorneys have significant experience in going-private litigation, including the representation of both subsidiaries and their boards of directors, including special committees, and of parent corporations or controlling stockholders.

    • In McGowan v. Ferro, Kevin Abrams led the defense of an entire fairness proceeding and obtained a rare summary judgment victory in favor of the defendants.
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