The Delaware Court of Chancery widely is recognized as the nation’s preeminent business tribunal. Its bench is among the most sophisticated in the country, possessing particular expertise in nuanced business matters. A forum of first resort for over 60% of the nation’s Fortune 500 business entities, the Court of Chancery is known for its prompt, efficient and balanced adjudication of business disputes.

Polsinelli’s robust business consulting and transactional practices not only have facilitated, but required, a litigation presence in Delaware. To meet this need, Polsinelli has assembled a team of seasoned Delaware business litigators, each active and visible in the Delaware State Bar and familiar with and to Delaware’s judicial officers. Polsinelli’s Delaware litigators represent not only Polsinelli’s deep bench of business clients, but also serve as primary counsel for business entities, stockholders, members, officers, trustees and trust beneficiaries, managers, directors, boards and board committees and legal and financial advisors located throughout the United States and abroad. These attorneys also serve as Delaware counsel in coordination with reputable regional, national and international law firms.

Polsinelli’s Delaware litigators have litigated or provided counsel on a variety of matters critical to clients’ business objectives, including:
  • Direct, class, and derivative claims involving complex business transactions, corporate governance, securities, and special proceedings under the Delaware General Corporation Law and alternative entity laws
  • Joint venture disputes
  • Attempts to pierce the corporate veil
  • Commercial contract disputes
  • Business torts arising in the context of asset sale agreements and other business transactions
  • Insurance coverage disputes
  • Assisting transaction counsel in recommending and overseeing the implementation of procedural safeguards such as recusal, special committee processes, and disclosures in the context of change in control transactions
  • Counsel in connection with internal investigations of possible director misconduct
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Represented trustee of Delaware trusts concerning a dispute between the beneficiaries’ parents over assets held by the trusts, including filing a Petition for Instructions and Motions for Preliminary Injunction.
  • Argued for and awarded dismissal of creditor’s corporate veil piercing action, preventing creditor from seeking payment from individual owners of a Delaware entity.