Robert A. Penza
Areas of Focus
Corporate Directors & Officers Liability Litigation
Delaware Court of Chancery Practice
Estate, Trust and Fiduciary Litigation
Financial and Securities Litigation
Litigation and Dispute Resolution
Mergers and Acquisitions Litigation
, Villanova University School of Law
, Drexel University
, Mechanical Engineering
U.S. District Court, District of Delaware, 1990
United States Supreme Court, 2004
Practicing primarily in the preeminent Delaware Court of Chancery, Robert Penza builds client confidence and trust by establishing a deep understanding of their concerns and objectives before recommending a pragmatic solution. Bob has extensive trial experience in all aspects of litigation practice before the Delaware Court of Chancery as well as the other state courts in Delaware.
His depth of experience comes from handling commercial and fiduciary litigation matters, including representing institutional and individual trustees and beneficiaries in trust litigation and companies and individuals in a broad variety of corporate or limited liability company disputes.
Bob has been independently appointed by the Delaware Court of Chancery to serve as a receiver and as attorney ad litem for minor beneficiaries involved in trust matters before the court.
Delaware State Bar Association
Delaware Trial Lawyers Association
American Bar Association
Section of Real Property, Trust and Estate Law
Trust Litigation Group
Kahuku Holdings, LLC v. MNA Kahuku, LLC,
C.A. No. 9991-VCG, 2014 WL 4699618 (Del.Ch. Sept. 15, 2014) (Represented Hawaiian minority members of a Delaware limited liability company which operates a wind farm in an action filed in the Delaware Court of Chancery by the controlling members. Obtained a successful decision from the Court granting the clients’ motion to dismiss and enforcing an arbitration provision designating Hawaii as the forum to resolve the parties disputes)
Galleher v. Basho Technologies, Inc.
C.A. No. 10317-VCL (Del.Ch. 2014) (Represented director of a Delaware Corporation in a books and records (“220”) action filed in the Delaware Court of Chancery against the Company. Obtained favorable resolution by production from the Company of all records requested as well as reimbursement of all attorneys’ fees incurred)
Irrevocable Aloha Trust, et al. v. Green Revolution Cooling, LLC,
C.A. No. 9662-VCN (Del.Ch. 2014) (Defended Delaware corporation in a books and records (“220”) action filed in the Delaware Court of Chancery by minority shareholders. Successfully resolved dispute with shareholders with the need for a hearing)
Cornell Glasgow, LLC v. La Grange, et al. ,
C.A. No. 8475-VCL (Del.Ch. 2013)(Defended action filed in the Delaware Court of Chancery by a judgment creditor seeking to pierce the corporate veil of Delaware limited liability company which held real estate for residential and commercial development. Obtained a dismissal of the creditor’s action on a motion to dismiss decided by the Court)
Represented minority member of a Delaware limited liability company in an action filed with the American Arbitration Association to resolves disputes through binding arbitration with the other members as required by the company’s operating agreement. Panel of three arbitrators issued favorable award to client which involved development of real estate owned by the client.
Successfully mediated a resolution through the Delaware Court of Chancery mediation program before litigation was initiated against the client company by a minority shareholder on a stock valuation claim.
TrustCo Bank v. Mathews,
C.A. 8374-VCP, 2015 WL 295373 (Del.Ch. January 22, 2015) (Successfully represented settlor of Delaware asset protection trusts in fraudulent conveyance action initiated by bank creditor. Delaware Court of Chancery granted client’s partial motion for summary judgment based upon statute of limitations barring New York bank creditor’s claims against assets transferred by New York resident client to fund several Delaware asset protection trusts)
Matijkiw, et. al. v. Strauss et. al,
C.A. 6102-CS (Del.Ch. Sept. 19, 2011) (Represented individual creditors in an action filed in the Delaware Court of Chancery for fraudulent conveyance claims against a settlor of a Delaware asset protection trust)
Scott v. Wilmington Trust Co, et al.
, C.A. 3493-VCS (Del.Ch. 2009) (Defended institutional trustee who presided over a trust for decades in an action filed in the Delaware Court of Chancery by the current beneficiary seeking to remove the Trustee claiming hostility. The client won a favorable summary judgment decision denying the beneficiaries claims against the Trustee)
Represented institutional trustee in an action by outside potential creditor of the settlor of an irrevocable Delaware trust. Obtained successful declaratory judgment ruling from Delaware Court of Chancery.
n re Trusts Created by Farrell
, 2008 WL 5459270 (Del.Ch. December 18, 2008) (Filed Petition for instructions action in Delaware’s Court of Chancery on behalf of institutional trustee of trusts transferred to Delaware by a spouse in the process of domestic relations litigation in Pennsylvania)
In re: Barker Trust Agreement
, 2007 WL 1800645 (Del.Ch. June 13, 2007) (Represented natural grandchildren of Settlor in a trust dispute with an adult adopted beneficiary, who claimed to take under the trust as a descendant of the settlor. Trust dispute was litigated in Delaware Court of Chancery with coordination of ancillary litigation in Florida where the adult adoption occurred)
Chavin v. PNC Bank, Delaware
, 816 A.2d 781 (Del.2003) and 873 A.2d 287 (Del.2005) (Represented grandchildren in dispute with trustee and other purported beneficiary over proper beneficiaries of a Trust created by clients’ grandmother. Obtained reversal from Delaware Supreme Court of Delaware Court of Chancery summary judgment in favor Trustee and other purported beneficiary. When Trustee refused to restore to the Trust distributions to the wrong beneficiaries prior to the Supreme Court reversal, obtained reversal on a second appeal to the Delaware Supreme Court, that the trustee was liable to the clients for a surcharge of the amount disbursed by the trustee in good faith to the wrong beneficiary)
Publications & Presentations
Blocking Rights Boomerang After Basho Decision
Mention, The Deal
September 18, 2018
Three Key Takeaways from Polsinelli Win in Fiduciary Duty Case
September 17, 2018
Publications & Presentations
Laster Hits Investment Fund, Manager With $20.3M in Damages for Tech Firm Coup
Delaware Law Weekly
July 9, 2018
Publications & Presentations
Ex-Basho CEO Tells Of Frayed Relations With Large Investor
October 2, 2017
Delaware Court of Chancery Confirms: There Is No Such Thing as Delaware Local Counsel
January 2, 2015
Operation Delaware Shield: The Corporate Veil Is Alive and Well
June 20, 2014
Moving a Trust to Delaware? Follow the Trail of Peierls
April 22, 2014
Law360 Reports "Ex-Basho CEO Tells Of Frayed Relations With Large Investor"
October 2, 2017
Law360 Reports "Ex-Basho Exec's Chancery Suit Survives Dismissal Bid"
August 26, 2016
Law360 Reports "Ex-Software Exec Says Investor Tanked Co. To Gain Control"
December 18, 2015
Prominent Delaware Litigation Attorney Joins Polsinelli
March 22, 2012
"I get great personal satisfaction from understanding clients’ litigation problems and assisting them in achieving their objectives by developing and accomplishing an efficient plan of resolution."
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